THE 


CHARTER  AND    ORDINANCES 


CITY  OF  NEW  BRITAIN, 


CHARTER  OF  THE  WATER  WORKS, 


STANDING  RULES  OF  THE  COMMON  COUNCIL. 


Published  by  order  of  the  Common  Council,  January,  1877. 


HARTFORD: 

PRESS  OF  THE  CASE,  LOCKWOOD  &  BRAINARD  COMPANY. 
l877. 


CHARTER 


CITY  OF  NEW  BRITAIN, 


ACCEPTED   JANUARY   13,  1871, 


AND     AMENDMENTS. 


201 2378 


AN    ACT 
INCORPORATING  THE  CITY  OF  NEW  BRITAIN. 


SECTION 

1.  Limits  of  city. 

2.  Division  into  wards. 

3.  Who  entitled  to  vote. 

4.  Annnai  city  election,  officers  elected  at. 

5.  Vacancies  in  office,  how  filled. 

6.  Voting  lists. 

7.  Inspectors  of  elections  and  their  depu- 

ties. 

8.  Voting  places,  time    and   manner  of 

voting ;  presiding  ofllcer. 

9.  Officers  of  the  city  to  be  sworn. 

10.  Mayor. 

11 .  Obstructing  the  Mayor. 

12.  Pay  of  militia  called  out  by  Mayor. 

13.  Vacancy  in  office  of  Mayor. 

14.  City  Clerk. 

15.  Assistant  Clerk. 

16.  Treasurer. 

17.  Auditor. 

18.  City  Sheriff. 

19.  Collector. 

20.  Officers  to  give  bonds. 

21.  Common  Council. 

22.  Subjects  of  city  ordinances. 

23.  Approval  of  ordinances  by  Mayor. 

24.  By  voters  of  the  city. 

25.  Members  of  common  council  not  to  be 

appointed  to  lucrative  city  offices,  &c. 

26.  Appropriations  for  city  expenses. 

27.  Fire  limits. 

28.  Building  lines. 

29.  Sewers  and  drains. 

30.  Sidewalks  and  gutters. 

31.  Owners  of  land  to  lay  walksand  gutters. 

32.  Proceedings  if  owner  neglects. 

33.  Streets  and  highways. 

34.  Highway  tax. 

35.  Layout  of  streets  and  building  lines. 

36.  Assessment  of  damages  and  benefits. 

37.  Assessment,  a  lien  on  land. 

38.  Appeal  from  assessments. 

39.  Board  of  health. 

40.  City  court. 

41.  Appeals  from  justices  to  city  court. 


SECTION 

42.  New  trials  and  motions  in  error. 

43.  Judge  of  city  court. 

44.  Clerk  of  city  court. 

45.  City  Attorney. 

46.  Process  in  city  court. 

47.  Service  of  process. 

48.  Provision  for  accommodation  of  city 

court. 

49.  Salary  of  Judge  of  city  court. 

50.  Jury  trials. 

51.  Police  court,  and  judge  of. 

52.  Powers  of  justices  in  town  restricted. 

53.  Judge  not  disqualified  by  residence. 

54.  Jurisdiction  of  police  court. 

55.  Clerk  of  police  court. 

50.  Provision  for  accommodation  of  police 
court. 

57.  Presentments  or  complaints. 

58.  Adjournment  of  trial. 

59.  Pees  and  costs  in  police  court. 

60.  Disposition  of  fines  and  costs. 

61.  Forfeited  bonds,  prosecution  of. 

62.  Commitment  to  county  jail  or  work- 

house. 

63.  To  reform  school,  &c. 

64.  Service  of  criminal  process. 

65.  Arrest  without  warrant. 

66.  Suspension  of  judgment. 

87.  Reduction  or  disallowance  of  fees. 

68.  Bonds  for  good  behavior. 

69.  Fines  and  forfeitures,  how  recorded. 

70.  Jurors  for  city  court. 

71.  Forms. 

72.  Police. 

73.  Regulation  of  police. 

74.  Fire  companies  and  fire  department. 

75.  Water  commissioners— Water  bonds. 

76.  City  taxes. 

77.  When  act  of  incorporation  takes  eflect. 

78.  First  meeting  of  common  council. 

79.  Borough  merged  in  city. 

80.  Act  of  incorporation  a  public  act. 

81.  Acceptance  of  act. 


6  NEW   BRITAIN    CITY   CHARTER. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened: 

SECTION  1.  All  the  inhabitants,  being  electors  of  this  state,  dwell- 
ing in  the  town  of  New  Britain,  within  the  following  limits,  to  wit: 
commencing  at  a  stone  monument  three  hundred  rods  due  west 
from  the  center  of  the  front  wall  of  the  Normal  School  building 
in  said  town;  thence  running  due  north  in  a  straight  line  two 
hundred  and  twelve  rods  to  a  stone  monument;  thence  at  right 
angles  due  east  in  a  straight  line  six  hundred  rods  to  a  stone  mon- 
ument; thence  due  south  in  a  straight  line  parallel  with  said  west 
line  to  the  southerly  limit  of  said  town,  at  a  stone  monument; 
thence  westerly  on  said  southerly  limit  of  said  town  to  a  stone 
monument;  thence  due  north  in  a  straight  line  parallel  with  said 
east  line  to  place  of  beginning,  being  the  community  hitherto 
incorporated  and  known  under  the  name  of  the  warden,  burgesses 
and  freemen  of  the  borough  of  New  Britain,  are  hereby  constituted 
and  declared  to  be  and  remain  forever  one  and  the  same  body 
politic  and  corporate,  by  the  name  of  the  city  of  New  Britain ;  to 
have  perpetual  succession,  to  be  one  person  in  law,  capable  of 
suing  and  being  sued,  pleading  and  being  impleaded  in  all  suits 
whatsoever,  and  of  purchasing,  holding  and  conveying  any  estate, 
real  and  personal,  to  have  a  common  seal,  with  power  to  change 
the  same,  and  to  hold  and  exercise  such  powers  and  privileges 
hitherto  exercised  by  said  borough  as  are  perpetuated  herein,  to- 
gether with  all  the  additional  powers  and  privileges  herein  and 
hereby  conferred. 

SEC.  2.  The  city  shall  be  divided  into  three*  wards  designated 
and  bounded  as  follows,  to  wit:  The  first  ward  shall  embrace  all 
inhabitants  and  territory  south  of  a  line  commencing  at  the  west- 
ern limit  of  said  city,  and  running  due  east  to  the  center  of  the 
west  end  of  Walnut  street,  thence  along  the  center  line  of  Walnut 
street,  to  Main  street;  thence  along  the  center  line  of  said  Main 
street  to  Park  street :  thence  along  the  center  line  of  said  Park  street 
to  the  east  end  thereof ;  thence  due  east  to  the  eastern  limit  of  said 
city.  The  second  ward  shall  embrace  all  inhabitants  and  territory 
between  the  first  and  third  wards.  The  third  ward  shall  embrace 
all  the  inhabitants  and  territory  north  of  a  line  commencing  on 
the  western  limit  of  said  city,  and  running  thence  due  east  to  the 
center  of  the  west  end  of  Lafayette  street;  thence  on  the  center  line 

*  Altered  to  four  by  amendment  of  June  17, 1874. 


NEW   BRITAIN   CITY   CHARTER.  7 

of  Lafayette  street  to  Main  street;  thence  on  the  center  line  of 
Main  street  to  East  Main  street:  thence  on  the  center  line  of  East 
Main  street  to  the  east  end  thereof;  thence  due  east  to  the  eastern 
limit  of  said  city. 

SEC.  3.  Every  elector  of  this  state  who  shall  have  statedly  and 
continuously  resided  in  said  city  six  months,  shall  thereafter,  while 
such  residence  continues,  and  while  his  name  is  registered  as 
hereinafter  provided,  be  entitled  to  vote  at  all  meetings  of  said 
city,  and  all  meetings  of  the  ward  in  which  he  may  reside :  Pro- 
vided, that  wherever  any  such  voter  shall  have  changed  his  resi- 
dence from  one  ward  into  another  during  the  thirty  days  preced- 
ing a  meeting  for  the  election  of  any  officer  or  officers,  he  shall 
not  be  entitled  to  vote  at  such  meeting  in  the  latter  ward,  but 
shall  be  entitled  to  vote  at  such  meeting  in  the  former  ward  in  the 
same  manner  as  though  he  had  not  removed  therefrom. 

SEC.  4.  An  annual  election  shall  be  held  by  wards  on  the  sec- 
ond Monday  in  April  in  each  year,  at  which  the  voters  of  the  city 
shall  elect  from  their  number  by  plurality  of  ballots,  a  mayor,  a 
clerk,  a  treasurer,  an  auditor,  a  collector,  and  a  sheriff  for  the  city 
at  large,  and  also  one  alderman,  six*  councilmen,  and  two  inspect- 
ors of  election  for  each  of  their  respective  wards;  but  no  voter  shall 
vote  for  more  than  one  inspector  of  elections,  and  the  two  persons 
in  each  ward  receiving  the  greatest  number  of  ballots  for  the  office 
of  inspector  of  elections  shall  hold  such  offices  as  hereinafter  pro- 
vided. And  the  several  aldermen  shall  take  rank  and  precedence 
according  to  the  number  of  ballots  they  may  have  respectively  re- 
ceived for  said  office,  and  the  alderman  who  has  received  the  high- 
est number  of  ballots  shall  be  denominated  first  alderman,  and  the 
others  shall  be  denominated  second  and  third,  according  to  the 
number  of  ballots  by  them  respectively  received;  and  in  case  two 
or  more  aldermen  shall  have  received  an  equal  number  of  ballots 
then  the  common  council  of  said  city  shall,  at  their  first  meeting 
determine,  by  ballot,  the  rank  and  precedence  of  such  alderman. 
All  officers  elected  by  the  city  at  large  shall  be  residents  of  said 
city,  and  all  officers  elected  by  the  several  wards  shall  be  residents 
of  such  wards,  and  shall  vacate  their  offices  by  removal  therefrom. 
All  officers  elected  at  such  annual  election  shall  hold  office  for  the 
term  of  one  year,  commencing  at  noon  of  the  third  Monday  of 
April  following,  and  until  their  successors  are  elected  and. qual- 
ified. 

*  Altered  to  four  by  amendment  of  June  17, 1874. 


8  NEW   BRITAIN   CITY   CHARTER. 

SEC.  5.  Wherever  at  any  such  meeting  there  shall  be  no  elec- 
tion to  an  office  by  reason  of  a  tie  vote,  then  said  meeting  shall 
stand  adjourned  to  the  next  following  Monday,  at  the  same  hour 
as  when  first  held,  and  the  election  to  fill  such  office  shall  be  pro- 
ceeded with  in  the  same  manner  and  upon  the  same  registry  list 
as  on  said  first  day.  Whenever  a  vacancy  shall  occur  in  any  of 
the  offices  named  in  the  preceding  section,  the  common  council 
shall  order  a  special  election  to  be  held  within  two  weeks  there- 
after at  which  a  successor  shall  be  elected  to  fill  such  vacancy,  at 
which  special  election  the  same  body  of  electors  only  shall  be  en- 
titled to  vote,  by  which  the  office  was  conferred  upon  him  whose 
successor  is  so  to  be  elected. 

SEC.  6.  The  registrars  of  voters  of  the  town  of  New  Britain  in 
making  out  the  lists  now  required  by  law  to  be  made  by  them, 
shall  designate  opposite  the  names  of  the  electors  of  said  town,  re- 
siding in  said  city,  the  ward  in  which  each  elector  resides;  and  it 
shall  be  the  duty  of  said  registrars  to  prepare  from  such  registry 
lists,  separate  alphabetical  lists,  authenticated  by  their  signatures, 
of  the  electors  in  each  ward,  for  the  use  of  each  inspector  of  elec- 
tions of  such  ward  ;  in  performing  which  duty,  said  registrars  shall 
simply  transfer  to  such  separate  ward  lists  the  names  of  electors 
that  appear  on  the  town  list  as  residing  in  such  wards  ;  such  lists 
shall  be  prepared  at  the  expense  of  said  city,  and  shall  be  de- 
livered to  such  inspectors  before  sunset  of  the  day  preceding  the 
annual  election.* 

SEC.  7.  Every  inspector  of  elections  shall  immediately  upon 
taking  his  oath  of  office,  appoint  a  deputy  inspector,  whose  name 
and  whose  appointment  shall  be  by  him  certified  to  the  city  clerk, 
and  entered  by  him  at  the  end  of  the  record  of  the  meeting  at 
which  such  inspector  was  elected  ;  and  such  deputy  may,  in  case 
of  the  absence  or  inability  of  the  inspector,  or  whenever  directed 
by  the  latter,  perform  all  the  duties  of  said  inspector,  and  any  in- 
spector may,  at  any  time,  remove  the  deputy  by  him  appointed 
and  appoint  another  in  his  place,  upon  certifying  the  same  to  the 
city  clerk,  who  shall  record  such  change. 

SEC.  8.  There  shall  be  one  place  of  voting  in  each  ward  at 
each  election  of  officers,  designated  by  the  common  council,  who 
shall  cause  notice  thereof  to  be  published  in  a  newspaper  of  said 
city,  or  in  such  manner  as  said  common  council  by  an  ordinance 

*  Amended  June  19, 1876. 


NEW   BRITAIN   CITY   CHARTER.  9 

shall  prescribe,  not  more  than  four  weeks  nor  less  than  two 
weeks  preceding  such  election.  The  poll  in  each  ward  shall  be 
open  from  nine  o'clock  in  the  forenoon  until  five  o'clock  in  the 
afternoon,  during  every  annual  election,  and  at  special  elections 
during  such  time  as  the  common  council  shall  direct.  The  in- 
spector's of  elections  of  each  ward  shall  designate  from  the  voters 
of  such  ward,  by  agreement  if  possible,  otherwise  by  lot,  a  presid- 
ing officer  for  election  and  assistants  to  relieve  him  in  the  duty 
of  presiding;  said  inspectors  shall  be  present  personally  or  by 
deputy,  with  their  voting  lists  prepared  as  hereinbefore  provided, 
and  shall  check  thereon  the  names  of  all  persons  whose  votes  are 
received.  At  all  elections  the  names  of  such  officers  as  each  voter 
is  entitled  and  shall  choose  to  vote  for,  shall  be  printed  or  written 
on  one  piece  of  paper.  A  ballot  box  of  the  usual  construction 
shall  be  provided  by  the  common  council  for  each  ward,  and  each 
person  offering  to  vote  shall  deposit  his  vote  on  the  lid  of  such  box. 
The  presiding  officer  shall  receive  and  deposit  in  the  box  the  bal- 
lots of  all  persons  whose  names  are  found  on  their  voting  lists  by 
the  two  inspectors,  and  none  others.  At  the  expiration  of  the 
time  allotted  for  voting,  the  presiding  officer  shall  open  the  ballot 
box,  publicly  count  the  votes  with  the  aid  of  the  inspectors,  or 
their  deputies,  and  declare  the  result  in  open  meeting.  Immedi- 
ately thereafter  a  certificate  of  the  result,  signed  by  the  presiding 
officer  and  the  two  inspectors  shall  be  transmitted,  together  with 
the  voting  lists,  and  the  ballot  box  containing  the  ballots  received, 
to  the  city  clerk,  which  certificate  shall  be  evidence  of  the  vote  in 
such  ward.  The  city  clerk  shall  enter  the  returns  from  each  ward 
upon  the  city  records  and  publish  the  same  in  the  succeeding  issue 
of  at  least  one  newspaper  of  said  city,  and  shall  therein  declare 
those  persons  receiving  the  largest  number  of  votes  for  their 
respective  offices  to  be  elected  thereto.  The  presiding  officer  shall 
have  all  the  power  for  the  preservation  of  peace  and  good  order 
in  such  meetings,  as  are  by  law  conferred  upon  the  moderator  of 
town  meetings.  Any  person  whose  name  is  not  on  such  list  as 
an  elector  of  said  city  in  such  ward  who  shall  vote  for  any  officer 
of  said  city,  or  any  person  who  shall  vote  or  attempt  to  vote  on 
or  in  the  name  of  any  other  person  whose  name  is  on  said  list, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  three  months,  or  by  such  fine  and  imprisonment 
both.  If  either  of  said  registrars  shall,  without  just  or  reason- 
2 


10  NEW    BRITAIN    CITY    CHARTER. 

able  cause,  refuse  or  neglect  to  discharge  any  of  the  duties  herein 
prescribed,  he  shall,  on  conviction,  be  punished  by  a  fine  of  three 
hundred  dollars;  and  if  any  person  other  than  the  registrars 
shall  make  any  alteration,  by  addition,  erasure,  or  otherwise,  in 
the  list  prepared  by  the  registrars,  or  if  the  presiding  officer  in 
any  of  said  wards  at  any  annual  or  special  election,  or  any  other 
person  having  charge  of  the  ballot  box  in  any  of  the  wards  afore- 
said, at  any  such  annual  or  special  election,  shall  allow  any  person 
to  deposit  his  vote  therein  whose  name  is  not  on  the  registry  list 
of  said  ward,  he  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  three  months,  or  by  such  fine  and 
imprisonment  both. 

SEC.  9.  Every  officer  of  the  city  shall  be  sworn  before  enter- 
ing upon  the  duties  of  his  office.  The  form  of  the  oath  to  be 
taken  by  the  clerk  shall  be  as  follows:  "  You,  A.  B.,  do  solemnly 
swear  that  you  will  faithfully  perform  the  duties  of  the  office  of 
clerk  of  the  city  of  New  Britain  so  long  as  you  are  the  clerk 
thereof,  that  you  will  make  true  entries  and  records  of  all  the 
votes  and  proceedings  of  said  city  and  of  the  common  council 
thereof,  and  of  such  other  matters  as  by  law  or  the  ordinances  of 
said  city  are  to  be  recorded  in  your  office,  and  that  you  will  de- 
liver true  copies  of  the  records  in  your  office  when  they  shall  be 
required  of  you,  on  the  receipt  of  lawful  fees  therefor,  so  help 
you  God,"  which  oath  shall  be  administered  to  such  clerk  by  a 
justice  of  the  p'eace  for  the  county  of  Hartford,  and  thereafter 
said  city  clei'k  shall  administer  to  all  the  other  officers  of  said  city 
the  following  oath: — "  You  solemnly  swear  that  you  will  faithfully 
and  honestly  perform  the  office  of  for  the  city  of  New 

Britain,  to  the  best  of  your  judgment  and  skill,  so  help  you  God," 
and  shall  forthwith  enter  the  fact  of  such  administration  upon  the 
city  records. 

SEC.  10.  The  mayor  of  said  city  shall  be  the  chief  executive 
magistrate  thereof,  and  it  shall  be  his  duty  to  be  vigilant  in  caus- 
ing the  laws  thereof  to  be  enforced.  He  shall  preside  at  all  meet- 
ings of  the  common  council  and  all  business  meetings  of  the  city. 
He  shall  have  power  to  administer  oaths,  to  take  depositions  and 
the  acknowledgment  of  deeds.  He  shall  be  conservator  of  the 
peace  of  said  city,  and  shall  have  authority,  with  force  and  strong 
hand  when  necessary,  to  suppress  all  tumults,  riots  and  unlawful 
assemblies,  and  to  arrest,  without  warrant,  and  commit  to  the 


NEW   BRITAIN   CITY   CHARTER.  11 

city  prison  for  a  time  not  exceeding  twenty -four  hours,  any  person 
or  persons  who  may  [be]  detected  in  quarreling,  brawling  or  other- 
wise behaving  in  a  disorderly  manner,  to  the  disturbance  of  the 
public  peace  in  said  city.  He  shall  also  have  power  to  enter  into 
any  house,  building,  or  place,  in  which  he  may  suspect  any  disor- 
derly or  vagrant  persons  to  be  assembled,  and  if  any  such  are 
fouiid  therein,  to  command  them  to  immediately  disperse,  and 
in  case  of  neglect  or"  refusal  to  obey  such  command,  to  commit 
any  such  person  to  the  city  prison  for  a  term  not  exceeding  twenty-, 
four  hours;  and  he  shall  be  authorized  to  exercise  within  the 
limits  of  said  city  all  the  powers  given  to  sheriffs,  and  other  offi- 
cers, by  the  one  hundred  and  eleventh  and  one  hundred  and 
twelfth  sections  of  an  act  entitled  ''An  Act  concerning  crimes  and 
punishments,"  and  he  may  at  all  times  require  the  aid  of  any 
sheriff,  deputy  sheriff,  constable,  watchman  or  policeman,  or  any 
or  all  of  them  together,  with  such  other  aid  as  may  be  necessary; 
and  whenever  he  shall  have  reason  to  believe  that  great  opposition 
will  be  made  to  the  execution  of  his  authority,  he  shall  have  power 
to  call  out  the  active  militia  of  said  city,  or  any  portion  of  the 
same,  and  may  exert  all  the  force  necessary  to  enable  him  to  exe- 
cute the  laws  within  said  city.  It  shall  also  be  the  duty  of  the 
mayor  to  recommend  the  adoption  of  all  such  measures  connected 
with  the  police,  security,  health,  cleanliness,  and  ornament  of  the 
city,  and  the  improvement  of  its  government  and  finances  as  he 
shall  deem  expedient,  to  communicate  to  the  common  council,  at 
any  meeting  of  that  body  during  the  month  of  March,*  in  each 
year,  a  general  statement  of  the  situation,  state  and  condition  of 
the  city  in  relation  to  its  government,  finances,  and  improvements; 
which  report  shall,  within  five  days  thereafter  be  entered  in  the 
records  of  the  common  council,  and  published  in  such  manner  as 
said  common  council  shall  order.  It  shall  be  the  further  duty  of 
the  mayor  to  discharge  all  duties  imposed  upon  him  by  the  charter 
and  ordinances  of  the  city,  the  laws  of  this  state  and  of  the  United 
States. 

SEC.  11.  If  any  person  shall  hinder,  obstruct,  resist,  or  abuse 
the  mayor  in  the  execution  of  the  duties  of  his  office,  and  when 
commanded  to  assist  therein,  shall  refuse  or  unreasonably  neglect 
so  to  do,  such  offender  shall  pay  a  fine  not  exceeding  one  hundred 
dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding  six 


Altered  to  April,  by  amendment  of  June  19, 1876. 


12  NEW   BRITAIN  CITY   CHARTER. 

months,  or  suffer  such  fine  and  imprisonment  both,  at  the  discre- 
tion of  the  court  having  cognizance  of  the  offense. 

SEC.  12.  The  pay  of  members  of  the  active  militia  during 
service  under  the  call  of  the  mayor  as  aforesaid,  and  the  penalty 
for  refusing  to  "perform  such  service,  shall  be  the  same  as  is  pro- 
vided in  such  cases  in  the  act  entitled  "An  Act  relating  to 
sheriffs." 

SEC.  13.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
mayor,  or  whenever  the  mayor  shall  be  absent  from  the  city,  or 
prevented  by  sickness  or  other  cause  from  attending  to  the  duties 
of  his  office,  the  alderman  highest  in  rank,  present  in  said  city, 
shall  act  as  mayor,  and  shall  possess,  exercise,  and  enjoy  all  the 
rights,  powers,  and  duties  of  the  mayor  during  the  continuance  of 
such  vacancy,  absence,  or  inability. 

SEC.  14.  The  clerk  of  said  city  shall  also  be  clerk  of  said 
common  council,  and  shall  make  and  keep  true  records  of  all  the 
votes  and  proceedings  of  said  city  and  of  said  common  council. 
He  shall  cause  the  ordinances  of  said  city  to  be  published  according 
to  law,  and  when  they  shall  have  been  so  published,  shall  enter 
upon  the  records  of  said  common  council  his  certificate  of  the  fact 
of  such  publication,  including  the  date  thereof.  He  shall  also 
make,  upon  the  records  of  said  common  council,  record  of  his  own 
acts  in  serving  notices  of  orders  passed  by  said  common  council. 
Said  clerk  shall  also  do  and  perform  all  such  duties  as  may  be 
required  of  him  by  this  act,  or  by  any  order,  vote  or  ordinance  of 
said  common  council.  All  records  of  said  clerk  shall  have  the 
same  validity  as  the  records  of  town  clerks,  and  shall  be,  either  by 
themselves  or  by  a  copy  certified  by  said  clerk,  evidence  in  all 
courts  of  the  truth  of  the  matters  therein  recorded. 

SEC.  15.  The  common  council  may  at  any  time  appoint  an 
assistant  clerk,  who,  after  having  taken  the  oath  by  law  provided 
for  the  clerk  of  said  city,  shall,  in  the  absence  or  disability  of  said 
clerk,  have  power  to  perform  all  the  duties  of  his  office;  and  all 
records  and  acts  of  said  assistant  shall  have  the  same  validity  as 
the  records  and  the  acts  of  said  city  clerk. 

SEC.  16.  The  treasurer  of  said  city  shall  have  the  same  relative 
powers  and  responsibilities  in  said  city  as  town  treasurers  have  in 
their  respective  towns;  he  shall  annually,  in  the  month  of  March,* 
report  to  the  common  council,  at  any  meeting  of  that  body  during 

*  Altered  to  April,  by  amendment  of  June  19, 1876. 


NEW   BRITAIN   CITY   CHARTER.  13 

said  month,  a  detailed  statement  of  the  receipts  of  money  into  the 
treasury,  and  the  expenditures  therefrom  during  the  year  ending 
with  the  last  day  of  February  *  previous  thereto,  together  with  an 
accurate  statement  of  the  existing  state  of  the  treasury;  which 
report,  having  been  audited  by  a  committee  appointed  by  the  com- 
mon council,  shall  be  recorded  within  five  days,  and  be  published 
in  such  manner  as  the  common  council  shall  direct,  together  with 
the  auditing  committee's  certificate,  under  oath  concerning  the 
same.  He  shall  pay  all  orders  of  the  city  auditor,  and  shall  also 
comply  with  all  ordinances  and  orders  that  may  be  made  concern- 
ing his  office  by  the  common  council. 

SEC.  17.  The  auditor  of  said  city  shall  draw  his  orders  on  the 
treasurer  thereof  for  the  payment  only  of  such  bills  as  shall  have 
been  ordered  to  be  paid  by  the  common  council. 

SEC.  18.  The  sheriff  of  said  city  shall,  within  the  limits  thereof, 
have  the  same  power  and  authority  as  sheriffs  of  counties,  and  shall 
be  liable  to  the  same  suits  and  penalties  for  neglect  of  duty,  and  the 
said  city  shall  be  liable  for  the  default  of  such  sheriff  in  his  office. 
Said  sheriff  shall  attend  upon  the  city  court,  when  sitting  for  the 
transaction  of  civil  business  only. 

SEC.  19.  The  collector  of  said  city  shall  collect  every  tax  duly 
laid  by  said  city,  and  having  received  a  warrant  for  that  purpose 
signed  by  the  mayor  or  one  of  the  aldermen  of  said  city,  shall 
have  the  same  power  as  collectors  of  town  taxes  now  have,  and 
shall  be  accountable  to  said  city,  and  in  case  said  collector  shall  not 
perform  his  trust,  then  on  complaint  of  the  common  council,  the 
mayor  shall  issue  his  warrant  under  his  hand  directed  to  the  sheriff 
of  said  city,  to  collect  out  of  the  estate  of  the  negligent  collector 
the  sum  due  from  him  as  previously  ascertained  by  said  common 
council. 

SEC.  20.  The  treasurer,  collector,  clerk  of  the  city  court,  and 
sheriff  shall  severally  give  bonds  with  surety  to  the  mayor  of  the 
city  and  his  successors  in  office,  in  such  amount,  manner  and  form 
as  the  ordinances  of  said  city  shall  prescribe,  for  the  faithful  per- 
formance of  the  duties  of  their  respective  offices,  and  in  case  of  the 
refusal  or  neglect  of  either  of  said  officers  to  give  such  bond,  his 
office  shall  be  deemed  vacant  by  such  refusal  or  neglect,  and  on  a 
declaration  to  that  effect  being  made  by  the  common  council,  said 
city  may  proceed  to  elect  another  in  his  stead  in  the  manner  here- 
inbefore provided. 

*  Altered  to  March,  by  amendment  of  June  19,  1876. 


14  NEW   BRITAIN   CITY   CHARTER. 

SEC.  21.  The  mayor,  aldermen,  and  councilmen  of  the  said 
city  shall  constitute  and  be  a  body  known  as  the  common  council 
of  the  city  of  New  Britain.  All  meetings  of  said  common  council 
duly  warned  and  held,  at  which  a  majority  of  the  members  are 
present,  shall  be  valid  meetings,  and  may  proceed  to  transact  any 
business  properly  before  them,  and  all  meetings  at  which  less  than 
a  majority  of  said  council  are  present  shall  have  power  to  adjourn 
to  such  time  as  they  see  fit.  All  acts  of  said  common  council  at 
any  meeting,  shall  be  done  by  a  major  vote  of  all  the  members 
present. 

SEC.  22.  The  common  council  shall  have  power,  under  the 
restrictions  otherwise  provided  in  this  act,  to  make  such  orders  "or 
ordinances  as  they  see  fit  in  relation  to  the  following  subjects 
within  the  limits  of  said  city,  to  wit:  nuisances  of  all  kinds  in  the 
said  city,  and  their  summary  abatement  by  any  person  by  them 
appointed  therefor;  sinks,  cess-pools,  gutters,  drains,  sewers,  privies, 
barns,  stables,  hog-pens,  slaughter-houses,  deposits  of  filth  and 
rubbish;  the  going  at  large  in  the  streets  of  animals  or  fowls  of 
every  description;  the  storing  or  piling  of  lumber;  the  erection 
and  use  of  steam  boilers;  the  keeping,  sale  and  use  of  gunpowder, 
fire-works,  nitro-glycerine,  or  other  similar  explosive  substances, 
and  the  conveyance  thereof  through  any  portion  of  the  city;  the 
preservation  of  the  city  from  damage  by  fire;*  the  markets  and 
commerce  of  the  city;  the  inspection  of  produce  brought  into  the 
city  for  sale  or  transportation ;  the  sale  or  offering  for  sale  of  un- 
wholesome meat,  vegetables,  produce,  or  food  of  any  kind;  the 
streets,  highways,  alleys,  walks,  and  public  grounds,  and  the  pres- 
ervation of  all  trees  and  shrubbery  therein;  keeping  the  same  free 
from  snow,  ice,  rubbish,  or  obstruction  of  any  kind;  the  laying 
out,  altering,  constructing,  grading,  and  repair  of  such  streets, 
alleys,  highways,  walks  and  public  grounds;  the  naming  of  all 
public  streets,  and  the  numbering  of  all  lots  thereon;  the  public 
water  works  and  the  management  of  the  same;  trespasses  in  gar- 
dens, cemeteries,  and  other  enclosures;  the  cleaning  of  chimneys; 
burying-grounds  and  burials;  the  protection  of  all  buildings  from 
defacement  or  injury;  the  marching  and  parading  of  military  and 
fire  companies,  and  processions  of  every  kind  in  the  public  streets; 
public  assemblages,  receptions,  celebrations,  shows,  and  music;  the 
speed  of  animals,  vehicles,  and  railroad  trains;  the  manner  of 


*  Amended  Jane  19, 1876. 


NEW    BRITAIN    CITY    CHARTER.  15 

warning  meetings  of  said  city,  and  of  the  common  council,  and 
the  times  and  places  of  such  meetings;  the  establishment  and  main- 
tenance of  a  police  force;  the  preservation  of  order,  the  observance 
and  enforcement  of  the  laws  of  the  state  and  the  ordinances  of 
the  city  by  means  of  such  police  force;  the  mode  of  taxation  as  to 
taxes  levied  by  said  city;  the  licensing  and  regulating  of  public 
ha?ks  and  carriages,  and  the  charges  of  hackmen,  public  drivers, 
cartmen,  and  truckmen;  the  finances  and  property,  real  and  per- 
sonal, of  the  city;  and  the  borrowing  of  money  by  the  city  for  any 
purpose  for  which  the  city  is  authorized  to  lay  taxes  by  this  act; 
the  authentication,  execution  and  delivery  of  deeds,  grants,  and 
releases  of  the  city  property;  the  erection  of  lamp-posts,  and  the 
public  lighting  of  the  streets;  the  excavation  or  opening  of  streets, 
highways  and  public  grounds,  for  public  or  private  purposes,  and 
the  location  of  any  work  thereon,  whether  temporary  or  permanent, 
upon  or  under  the  surface  thereof,  the  depositing  therein  of  build- 
ing materials  of  any  description,  and  the  removal  of  buildings 
upon  or  through  the  same;  the  form  of  proceedings  in  taking 
land  .for  public  use  not  otherwise  prescribed  in  this  act;  the  preser- 
vation of  public  peace  and  order,  the  prevention  and  quelling  of 
tumultuous  noises,  riots  and  disorderly  assemblages;  the  conferring 
upon  the  mayor  and  police  officers  of  the  city  or  town  constables 
of  all  the  powers  necessary  for  such  purposes;  the  prohibition, 
restraining,  licensing,  and  regulation  of  public  sports,  exhibitions, 
and  performances;  the  punishment  of  the  resistance,  hindrance,  or 
obstruction  of  public  officers  in  the  discharge  of  their  duties;  the 
filling  of  vacancies  in  any  office  appertaining  to  the  city  not  other- 
wise provided  for  in  this  act;  the  election  or  appointment  of  city 
surveyors,  coroners,  street  commissioners,  water  commissioners, 
public  weighers,  officers  of  the  fire  department,  sealers  of  weights 
and  measures,  health  officers,  inspectors  of  articles  offered  for  sale, 
and  such  other  functionaries  as  are  proper  for  the  administration  of 
the  affairs  of  the  city;  the  mode  of  keeping  the  accounts  of  said 
city;  the  conducting  of  all  elections  in  matters  not  expressly  reg- 
ulated by  this  act,  and  the  prevention  and  punishment  of  illegal 
voting  thereat;  the  salaries  and  fees  of  all  officers  of  said  city,  pro- 
vided that  no  mayor,  alderman,  or  councilman  shall  receive  any 
fee,  salary,  compensation,  or  reward,  for  services  as  such  mayor, 
alderman,  or  councilman,  until  the  said  city  shall  have  a  popula 
tion  of  twenty-five  thousand  inhabitants;  the  particular  duties  of 
all  officers  not  expressly  defined  by  this  act;  the  removal  of  any 


16  NEW   BRITAIN    CITY   CHARTER. 

officer  on  account  of  conviction  of  malfeasance  in  office;  bathing 
in  places  exposed  to  public  view;  restraining  cruelty  to  animals; 
licensing  and  regulating  peddling  and  auctions;  the  erection  of 
awning  posts  and  the  projection  of  signs,  banners,  and"  flags  over, 
on  or  in  any  highway  or  street;  the  seal  of  said  city;  and  said 
common  council  may  prescribe  penalties  and  forfeitures  of  goods 
and  chattels  for  the  violation  of  any  such  orders  and  ordinances, 
which  penalties  and  forfeitures  may  be  recovered  by  the  attorney 
of  the  city,  in  an  action  of  debt  or  other  proper  action  brought  in 
the  name  of  the  city  of  New  Britain,  before  the  city  court  of  said 
city,  for  the  use  of  the  city  treasury.  The  violation  of  any  ordi- 
nance or  order  relative  to  nuisances  injurious  to  health,  illegal 
voting,  obstructions  to  highways,  (if  malicious,)  illegal  charges  of 
hackmen,  weights  and  measures,  or  any  order  or  ordinance  desig- 
nated to  prevent  vice,  immorality,  or  disorder,  or  the  resistance  of 
officers,  shall  be  a  misdemeanor,  and  may  be  prosecuted  as  such 
before  the  police  court  of  said  city,  like  other  offenses,  and  said 
court  may  inflict  thereon  the  penalty  named  in  such  ordinance  or 
order,  and  grant  a  warrant  for  the  execution  of  the  same;  provided, 
that  no  penalty  or  forfeiture  of  goods  other  than  such  as  shall  in- 
directly accrue  from  the  abatement  of  nuisances,  shall  exceed  the 
sum  of  fifty  dollars  for  a  single  offense. 

SEC.  23.  Every  vote,  resolution,  order,  or  ordinance  passed 
by  said  common  council,  shall  be  submitted  to  the  mayor  or  acting 
mayor  for  his  approval,  and  if  such  vote,  resolution,  order,  or 
ordinance  shall  be  disapproved  by  him,  the  same  shall  be  returned 
to  the  common  council  at  their  next  meeting,  (whether  an  ad- 
journed, a  regular,  or  a  special  meeting,)  with  his  objections 
thereto  in  writing,  and  if  a  majority  *  of  said  common  council 
shall  again  pass  such  vote,  resolution,  order,  or  ordinance,  the 
same  shall  be  valid,  as  if  the  same  had  been  approved  by  the 
mayor. 

SEC.  24.  Within  sixty  days  after  any  ordinance  has  been 
passed,  the  mayor  may  call,  and  if  requested  in  writing  by  five 
members  of  the  common  council,  and  thirty  other  voters  of  the 
city,  he  shall  call  a  special  meeting  of  the  voters  of  the  city  to 
approve  or  disapprove  said  ordinance,  to  be  held  at  such  time  and 
place,  within  ten  days  thereafter,  as  the  mayor  in  said  call  shall 
designate.  Such  call  shall  be  by  notice  published  in  a  newspaper 

*  Altered  to  two-thirds  by  amendment  of  June  17, 1874. 


NEW   BRITAIN    CITY   CHARTER.  17 

of  the  city,  and  shall  recite  the  ordinance  to  be  acted  upon  by 
such  meeting.  If  a  majority  of  the  voters  of  the  city  present  and 
voting  at  such  meeting  shall  vote  to  disapprove  said  ordinance,  it 
shall  from  that  time  be  repealed  and  void,  otherwise  it  shall  con- 
tinue in  force. 

SEC.  25.  No  member  of  the  common  council  shall,  during 
the  period  for  which  he  was  elected,  be  appointed  to  or  hold  any 
office,  the  emoluments  of  which  are  to  be  paid  from  the  city 
treasury  ;  nor  shall  he  become,  while  a  member  of  the  common 
council,  directly  or  indirectly,  interested  in  any  contract,  the 
expense  or  consideration  of  which  is  to  be  paid  under  any  vote  or 
resolution  of  the  common  council ;  nor  shall  he  be  appointed  or 
permitted  to  act  in  carrying  into  effect  any  vote,  resolution,  or 
matter  whatever,  of  a  local  description,  as  committee  or  other- 
wise, in  which  he  has  a  direct  or  special  pecimiary  interest,  or 
where  his  property  will  be  directly  or  especially  affected  thereby. 

SEC.  26.  Said  common  council  may  make  orders  granting 
appropriations  to  defray  the  legitimate  expenses  of  said  city.  The 
vote  upon  any  such  order  shall,  upon  the  request  of  any  member 
of  said  common  council  present,  be  taken  by  yeas  and  nays.  At 
the  meeting  whereat  any  such  order  shall  be  made,  the  mayor, 
or  in  his  absence,  the  alderman  highest  in  rank,  present,  may 
suspend,  and  if  requested  so  to  do  by  two  aldermen  and  five 
councilmen,  shall  at  all  events  suspend  said  order.  Any  order  so 
suspended  shall  have  no  validity  until  it  shall  be  approved  by  a 
meeting  of  the  electors  of  said  city  :  and  whenever  such  order 
shall  have  been  so  suspended,  the  mayor  (or  the  said  alderman 
highest  in  rank,  present,  as  the  case  may  be)  shall  call  a  meeting 
of  said  electors  to  be  held  within  ten  days  from  the  passage  of 
such  order  to  approve  or  disapprove  the  same.  If  said  meet- 
ing shall  approve  of  said  order,  the  same  shall  thereupon  take 
effect  and  thereafter  be  in  full  force,  otherwise  void.* 

SEC.  27.  The  common  council  shall  have  power  to  prescribe 
limits  in  said  city  within  which  it  shall  not  be  lawful  for  any  per- 
son to  erect  or  station  any  building,  or  addition  to  a  building, 
unless  the  outer  walls  and  roof  are  composed  of  incombustible 
materials,  and  said  council  shall  enforce  the  observance  of  such 
power  by  appropriate  ordinances. 

SEC.  28.     The  common  council  of  said  city  shall  have  power 

*  Amended  June  17,  1874. 


18  NEW   BRITAIN    CITY   CHARTER. 

to  designate  a  line  or  lines  on  the  land  adjoining  any  highway  or 
street  in  said  city,  between  which  line  and  said  highway  or  street 
no  building  or  part  thereof  shall  be  erected  or  stationed  ;  provided, 
such  line  shall  not  be  more  than  fifteen  feet  distant  from  said 
highway  or  street.  And  any  person  who  shall  erect  or  station 
any  building  or  part  of  a  building  between  any  line  so  designated, 
and  the  highway  or  street,  shall  forfeit  and  pay  for  the  use  of 
said  city  a  fine  not  exceeding  one  hundred  dollars,  and  in  addi- 
tion all  such  buildings  shall  be  assessed  four-fold  in  the  list  of 
ratable  estate  in  said  city.  Said  fine  may  be  recovered  in  an 
action  of  debt  or  other  proper  action  brought  in  the  name  of  the 
said  city  before  the  city  court  thereof. 

SEC.  29.  The  common  council  shall  have  power  to  lay  out, 
construct  and  repair  sewers  and  drains  wherever  they  may  deem 
the  same  necessary  through  or  along  any  street,  highway,  public 
or  private  grounds,  and  to  assess  such  portions  as  they  may  deem 
reasonable  of  the  cost  of  any  such  sewer  or  drain  upon  the  prop- 
erty for  the  carrying  off  the  sewerage,  surface  or  other  drainage 
of  which  such  sewer  or  drain  may  be  constructed,  or  which  may 
be  in  any  way  improved  or  benefited  thereby,  and  the  sums  so 
assessed  shall  be  a  lien  upon  the  said  property,  and  may  be  fore- 
closed or  collected  as  provided  in  section  thirty -seven  of  this  act. 
No  person  shall  construct  any  drain  or  sewer  of  any  kind  upon 
and  from  any  premises  in  said  city,  to  or  upon  any  highway  or 
street  in  said  city,  or  use  or  permit  any  such  sewer  or  drain  to  be 
used  without  the  permission  of  the  common  council ;  and  any 
person  so  constructing  such  drain  or  sewer,  or  using  or  permit- 
ting such  to  be  used  without  such  permission,  shall  forfeit  and 
pay  to  the  use  of  said  city  a  fine  of  ten  dollars  for  such  construc- 
tion, and  a  like  amount  for  each  day  that  such  drain  or  sewer  is 
so  used  or  permitted  to  be  used.* 

SEC.  30.  The  common  council  shall  have  power,  from  time  to 
time,  to  designate  and  fix  the  course,  width,  height,  and  grade  of 
all  sidewalks  and  gutters  upon  the  streets  and  highways  of  said 
city,  and  may,  at  the  expense  of  said  city,  cause  any  of  the  cross- 
walks in  said  city  to  be  raised,  flagged,  paved,  or  made  in  a  suit- 
able manner. 

SEC.  31.  Said  common  council  may,  from  time  to  time,  order 
the  owner  or  owners  of  the  land  and  buildings  fronting  on  such 
sidewalks  and  gutters,  at  their  own  expense,  to  make  such  side- 
walks and  gutters  on  their  several  fronts,  according  to  the  course, 

*  Amended  June  9, 1874,  and  June  24, 1875. 


NEW    BKITAIN    CITY    CHARTER.  19 

width,  height  and  grade  designated  as  aforesaid  ;  and  also  to  curb, 
flag  or  pave  the  same  in  such  manner  as  the  common  council 
shall  direct  ;  and  also  to  provide  and  erect  such  railings  or  guards 
upon  and  along  said  walks  as  public  safety  may  require.  And 
said  common  council  may  limit  such  time  as  they  may  deem  rea- 
sonable for  so  fencing,  paving,  or  flagging,  railing,  and  curbing 
such  sidewalks  and  gutters  as  aforesaid,  among  the  different  per- 
sons having  an  interest  in  the  lands  or  buildings  holden  as  afore- 
said ;  and  whenever  the  owner  or  owners  of  any  land  or  buildings 
shall  not  reside  within  the  limits  of  the  city,  notice  in  writing  to 
the  occupant  or  occupants  or  persons  having  the  care  thereof,  of 
any  such  order  shall  be  sufficient  notice  thereof  to  all  persons 
'interested  therein.* 

SEC.  32.  If  any  owner  or  owners  of  any  such  land  or  build- 
ings shall  neglect  to  make,  pave,  rail,  flag,  or  curb  any  such  side- 
walk or  gutter,  in  such  manner,  and  within  such  time  as  the 
common  council  shall  direct  and  limit,  the  said  common  council 
may  appoint  and  employ  some  suitable  person  to  do  the  same, 
>  and  may  adjust  and  liquidate  the  expense  thereof,  and  order  the 
same  to  be  paid  by  such  owner  or  owners  neglecting  as  aforesaid. 
In  cases  where  the  land  or  buildings  fronting  such  sidewalks  or 
gutters  shall  be  holden  for  a  term  of  years,  or  any  other  estate 
less  than  a  fee  simple,  said  common  council  may,  by  their  order, 
apportion  in  such  manner  as  they  shall  judge  right,  the  expense 
of  raising,  grading,  forming,  flagging,  paving  or  making  such 
sidewalks,  and  gutters,  among  the  different  persons  having  an 
interest  in  the  land  or  building  holden  as  aforesaid.  Thereupon 
the  mayor  of  said  city  may  issue  a  warrant  of  distress,  author- 
izing the  city  collector  to  collect  of  said  owner  or  owners  the 
sums  ordered  to  be  paid  by  them  respectively  as  aforesaid,  and 
such  sums,  with  the  interest  thereon,  shall  be  a  lien  or  real  incum- 
brance  upon  the  land  and  buildings  in  reference  to  which  such 
sums  shall  have  been  expended,  to  be  enforced  in  like  manner  as 
if  said  lands  and  buildings  were  mortgaged  to  said  city  to  secure 
the  payment  thereof. 

SEC.  33.  The  common  council  of  said  city  shall  have  sole  and 
exclusive  authority  and  control  over  all  streets  and  highways, 
and  over  all  parts  of  streets  and  highways,  now  or  hereafter 
existing  within  the  limits  of  the  said  city,  and  shall  have  sole  and 

*  Amended  June  17, 1874. 


20  NEW   BRITAIN   CITY   CHARTER. 

exclusive  power  to  lay  out,  open,  make,  discontinue,  alter,  repair, 
maintain,  grade,  and  drain  all  highways  and  streets  now  existing, 
or  hereafter  to  be  made,  or  discontinued  within  the  limits  of  said 
city  ;  and  no  person  shall  open  within  the  limits  of  said  citv  any 
public  way,  except  under  and  by  virtue  of  an  order  of  said  com- 
mon council ;  and  said  common  council  shall  have  power  to  elect, 
annually,  a  street  commissioner  for  said  city,  who  shall  hold  his 
office  for  one  year  from  and  after  his  election  ;  and  said  common 
council  shall  define  by  proper  ordinances  and  orders  the  powers 
and  duties  of  the  commissioner,  and  shall  fix  and  designate  his 
compensation. 

SEC.  34.  In  all  cases  when  a  tax  shall  be  laid  and  collected,  or 
a  sum  of  money  shall  be  appropriated  by  the  town  of  New  Brit- 
ain for  the  purpose  of  making  and  repairing  the  highways  and 
roads  in  said  town,  it  shall  be  the  duty  of  the  selectmen  of  said 
town,  together  with  an  equal  number  of  the  senior  aldermen  of 
said  city,  to  determine  by  a  major  vote  of  the  whole  number,  the 
portion  thereof  which  shall  be  applied  for  the  making  and  sup- 
port of  the  highways  of  said  town,  within  the  limits  of  said  city  ; 
and  in  case  the  selectmen  and  aldermen  cannot  agree  by  a  major 
vote,  as  aforesaid,  upon  such  apportionment,  the  county  commis- 
sioner of  Hartford  County,  residing  nearest  to  said  city,  shall  be 
called  in  to  give  a  deciding  vote.  The  sum  thus  apportioned 
shall  be  paid  into  the  treasury  of  said  city  ;  and  said  town  shall 
not  be  obliged,  to  make  or  repair  any  highway  in  the  limits  of 
said  city  ;  provided  always,  that  the  town  of  New  Britain  shall 
be  liable  to  make  and  repair  all  bridges  in  said  town  to  the  same 
extent  as  if  this  act  had  not  been  passed. 

SEC.  35.  Before  the  common  council  shall  determine  to  lay 
out,  alter,  extend,  enlarge,  discontinue,  or  exchange  any  highway, 
street,  public  walk,  or  public  avenue,  or  designate  any  building 
line  in  said  city,  they  shall  cause  a  notice,  signed  by  the  mayor  of 
said  city,  or  the  clerk  of  said  council,  describing  in  general  terms 
such  proposed  layout  or  alteration,  or  designation,  and  specifying 
a  time  and  place  when  and  where,  all  persons  whose  land  is  pro- 
posed to  be  taken  therefor,  may  appear  and  be  heard  by  said 
common  council  in  relation  thereto — to  be  published  not  less  than 
two  times  in  a  newspaper  published  in  said  city,  at  least  ten  days 
before  the  time  fixed  in  said  notice  for  such  hearing  ;  and  such 
publication  of  said  notice  shall  be  legal  and  sufficient  notice  to  all 
persons  and  corporations  whose  land  is  proposed  to  be  taken  by 


NEW   BRITAIN   CITY   CHARTER.  21 

such  layout  or  alteration.  At  the  time  and  place  mentioned  in 
said  notice,  and  at  any  meeting  adjourned  therefrom,  said  common 
council  shall  hear  all  the  parties  in  interest,  who  may  appear  and 
desire  to  be  heard  in  relation  thereto. 

SKC.  36.  If  after  such  .hearing  said  common  council  shall 
resolve  to  lay  out,  alter,  extend,  enlarge,  discontinue,  or  exchange 
such  street,  highway,  walk,  or  avenue,  or  designate  such  build- 
ing line  or  lines,  they  shall  appoint  a  committee,  whose  duty  it 
shall  be  to  make  such  layout  or  alteration,  and  designate  such 
building  line  or  lines,  and  report  in  writing  their  doings  to  said 
common  council,  which  report  shall  embody  a  descriptive  survey 
of  such  street,  highway,  walk,  avenue,  or  line  or  lines  designated. 
If  said  report  shall  be  accepted  and  approved  by  said  common 
council,  and  said  common  council  and  the  parties  in  interest  can- 
not agree  as  to  the  damages  and  benefits  to  be  assessed,  the  mayor, 
or,  in  his  absence  or  inability  to  act.  the  alderman  highest  in 
rank  present  in  said  city,  shall  appoint  three  judicious  and  dis- 
interested freeholders  of  said  city  to  estimate  and  appraise  the 
damages,  or  benefits,  as  the  case  may  be,  resulting  or  accruing 
to  any  person,  or  persons,  from  the  taking  of  such  land  for  pub- 
lic use  as  aforesaid,  or  from  such  layout,  alteration,  extension, 
enlargement,  discontinuance,  exchange,  or  designation  of  such 
line  or  lines  ;  said  freeholders  shall  be  sworn  to  a  faithful  and 
impartial  discharge  of  the  duties  of  said  appointment,  and  a 
certificate  of  such  appointment,  and  the  administration  of  such 
oath,  shall  be  made,  under  the  hand  of  the  officer  appointing  them, 
and  recorded  in  the  records  of  the  common  council.  Before 
making  any  such  assessment  of  damages  and  benefits,  said  free- 
holders shall  give  reasonable  notice  to  all  persons  interested  of 
the  time  and  place  when  and  where  they  will  meet  for  that  pur- 
pose; such  notice  shall  be  deemed  reasonable  and  sufficient  if 
signed  by  the  said  freeholders,  or  a  majority  of  them,  and  pub- 
lished in  the  same  manner  as  provided  to  be  done  by  the  common 
council  in  section  thirty-five  of  this  act  ;  or  if  given  in  such 
other  manner  as  the  common  council  by  ordinance  may  prescribe; 
said  freeholders  shall  meet  at  the  time  and  place  designated  in 
their  said  notice,  and  at  such  other  times  and  places  as  they  may 
adjourn  therefrom,  and  shall  hear  all  the  parties  in  interest  who 
may  appear  before  them,  and  shall  thereupon  ascertain  and  deter- 
mine what  person  or  persons  will  be  damaged  by  such  taking  of 
said  land,  or  by  such  layout,  alteration  or  designation  of  building 


22  NEW    BRITAIN    CITY   CHARTER. 

line  or  lines,  and  the  amount  thereof  over  and  above  any  special 
benefits  such  person  or  persons  may  receive  therefrom;  also  what 
other  person  or  persons  owning  or  interested  in  lands  contiguous 
to  or  in  the  vicinity  of  the  proposed  improvement  will  be  specially 
benefited  by  such  taking  of  said  land  .or  by  such  layout,  alteration, 
or  designation  of  building  line  or  lines,  and  the  amount  thereof 
over  and  above  any  damages  such  person  or  persons  may  receive 
therefrom ;  also  what  other  person  or  persons  owning  or  interested 
as  above  will  receive  an  equal  amount  of  damages  and  benefits 
thereby,  and  such  freeholders  shall  report  the  amount  of  damages 
and  benefits  thus  ascertained  and  determined,  and  the  names  of 
the  persons  to  whom  the  same  respectively  appertain  and  belong, 
with  a  general  description  of  the  property  in  respect  to  which 
said  benefits  are  assessed  to  the  common  council,  who  may  accept 
said  report,  or  return  the  same  to  said  freeholders  for  reconsider- 
ation and  correction  ;  and  upon  the  acceptance  of  said  report,  the 
clerk  of  the  common  council  shall  record  the  same  in  the  records 
of  the  common  council,  provided,  that  the  whole  amount  of  bene- 
fits assessed  for  any  particular  layout,  alteration,  or  designation, 
shall  not  exceed  the  whole  amount  of  damages  assessed  on  account 
of  the  same  layout,  or  alteration,  or  designation,  and  the  estimated 
cost  of  completing  said  improvement,  which  estimate  said  com- 
mittee shall  make  and  embody  in  their  report  ;  said  common 
council  shall  cause  a  notice,  signed  by  the  mayor  or  clerk  of  said 
common  council,  containing  the  names  of  the  persons  thus  assessed, 
with  the  amounts  of  their  respective  assessments,  to  be  published 
not  less  than  two  times  in  a  newspaper  published  in  said  city,  and 
such  publication  shall  be  deemed  to  be  legal  and  sufficient  notice 
to  all  persons  interested  in  such  assessments,  and  the  same  shall 
thereupon  immediately  become  due  and  payable.  The  common 
council  shall  order  the  damages  thus  assessed  and  determined  to 
be  paid  to  the  persons  to  whom  they  respectively  belong  out  of  the 
treasury  of  the  city;  provided,  that  if  any  person  shall  refuse  or 
neglect  to  receive  the  amount  so  found  due  and  ordered  to  be  paid 
to  him,  the  same  shall  be  deposited  in  the  city  treasury,  to  be  paid 
to  the  person  entitled  to  receive  it  whenever  he  shall  apply  for 
the  same.  And  the  descriptive  survey  before  mentioned,  being 
signed  by  the  mayor,  or  senior  alderman,  and  entered  upon  the 
records  of  said  common  council,  and  the  damages  assessed  'having 
been  paid  or  deposited  as  aforesaid,  said  highway,  street,  public 


NEW    BRITAIN   CITY    CHARTER.  23 

walk,  or  building  line,  shall  be  and  remain  for  the  purpose  for 
which  it  was  laid  out  or  designated.* 

SEC.  37.  The  assessments  of  benefits  so  made  shall  be  and 
remain  a  lien  on  real  incumbrance  upon  the  land  upon  which  they 
are  respectively  made,  and  shall  take  precedence  of  all  other 
liens  or  incumbrances  thereon,  (except  taxes  due  the  state,)  and 
the  lands,  with  the  buildings  thereon,  on  which  any  such  lien 
may  exist,  shall  be  liable  to  be  foreclosed  in  the  same  manner  as 
if  said  lien  were  a  mortgage  on  such  lands  and  buildings  in  favor 
of  said  city,  to  secure  the  amount  of  such  assessment ;  provided 
however,  that  such  lien  shall  not  continue  to  exist  for  a  period 
longer  than  sixty  days  after  the  last  publication  of  the  notice 
thereof  as  aforesaid ;  unless,  within  that  period,  a  certificate, 
signed  by  the  mayor  of  said  city  or  the  clerk  of  said  common 
council,  describing  the  premises  on  which  such  lien  exists  and 
the  amount  claimed  by  said  city  as  a  lien  thereon  shall  be  lodged 
with  the  town  clerk  of  the  town  of  New  Britain  ;  and  provided 
further,  that  such  lien  shall  cease  to  exist  whenever  a  certificate 
to  that  effect,  signed  by  the  mayor  or  clerk  of  the  common  coun- 
cil for  the  time  being,  shall  be  lodged  with  said  town  clerk.  All 
such  certificates  said  town  clerk  shall  record  with  deeds  of  land. 
And  such  assessments  may  also  be  collected  by  warrant,  under 
the  hand  of  the  mayor  of  said  city,  in  the  same  manner  as  town 
taxes  are  by  law  collected. 

SEC.  38.  All  persons  aggrieved  by  the  estimate  of  freeholders 
of  any  damage  caused  by  the  layout,  discontinuance,  alteration 
or  enlargement  of  any  highway  or  street,  or  the  designation  of 
building  lines,  and  all  persons  aggrieved  by  the  assessment  of 
benefits  consequent  thereon,  or  consequent  upon  the  construction 
of  any  sewer  or  drain  by  the  common  council,  may  within  ten 
days  after  notice  of  such  estimate  or  assessment  apply,  by  petition 
to  any  judge  of  the  superior  court, j-  for  a  re-estimate  of  such 
damages  or  a  re-assessment  of  such  sum  ordered  to  be  paid  by 
them,  giving  reasonable  notice  in  writing  to  the  clerk  of  said  city 
of  the  time  and  place  of  such  application,  and  of  the  name  of 
said  judge,  and  said  judge  shall  appoint  three  judicious  and  dis- 
interested freeholders  of  the  county  of  Hartford,  who  shall  re-es- 
timate said  damages,  or  re-assess  said  sums  ordered  to  be  paid  to 
or  by  the  persons  making  such  application,  and  make  report  of 

*  Amended  July  1,  1878. 

t  Altered  to  Judge  of  the  Court,  of  Common  Pleas,  by  Amendment  of  July  1,  1873. 


24  NEW   BRITAIN   CITY   CHARTER. 

their  doings  to  said  judge,  who  shall  have  authority  for  any  cause 
he  may  deem  sufficient  to  set  aside  said  report,  and  order  another 
estimate  or  assessment  to  be  made,  or  make  such  other  order 
therein  as  to  justice  shall  appertain.  If  upon  such  application  for 
re-estimate  or  re-assessment,  the  damages  shall  be  increased,  or  the 
assessment  of  benefits  shall  be  decreased,  and  the  same  be  approved 
by  said  judge,  the  costs  of  application  shall  be  paid  by  the  said 
city,  otherwise  by  the  applicant. 

SEC.  39.  The  common  council  of  said  city  shall  constitute  a 
board  of  health  in  said  city,  and  shall  have,  and  may  exercise  all 
power  and  authority  which  they  shall  judge  necessary  and  proper 
for  the  prevention  of  disease  of  any  kind,  and  for  the  promotion 
of  the  health  of  the  inhabitants  of  said  city;  may  make  and  cause 
to  be  executed  all  orders  for  such  purpose  as  they  may  deem 
proper,  and  may  appoint  health  committees  to  carry  the  same  into 
effect.  And  said  common  council,  or  the  mayor  of  the  city,  or 
any  member  of  such  health  committee,  may  cause  all  filthy  and 
putrid  substances  of  any  kind  which  they  shall  think  injurious  to 
the  health  and  cleanliness  of  the  city  to  be  removed  at  the  expense 
of  the  proprietor  or  proprietors  of  the  land  or  building  upon  or  in 
which  said  substance  may  be,  and  for  that  purpose  may  enter 
upon  or  into  all  lands  or  buildings  in  said  city  ;  and  the  mayor 
may  issue  a  warrant  of  distress  to  the  collector  of  the  city  to 
collect  such  expense  of  such  person  or  persons. 

SEC.  40.  The  court  hitherto  hold  en  and  existing  under  the 
name  of  the  borough  court  of  New  Britain,  shall  continue  to  be 
holden  under  the  name'of  the  city  court  of  New  Britain,  on  the 
first  Monday  of  every  month,  commencing  at  two  o'clock  in  the 
afternoon  of  said  day  ;  said  court  shall  have  power  to  adjourn 
from  time  to  time,  and  shall  have  original  and  final  jurisdiction 
of  all  civil  cases,  except  as  hereinafter  provided;  provided,  either 
party  live  within  the  limits  of  the  town  of  New  Britain,  and  the 
matter  in  demand  shall  exceed  the  jurisdiction  of  a  justice  of  the 
peace,  and  shall  not  exceed  five  hundred  dollars;  but  said  court 
shall  have  jurisdiction  of  all  cases  brought  to  recover  penalties 
under  the  ordinances  and  orders  of  said  city,  or  the  provisions  of 
this  act.  Said  court  shall  have  jurisdiction  of  all  suits  in  equity 
brought  before  it,  except  for  relief  against  any  judgment  rendered, 
or  against  any  cause  pending  in  the  superior  court,  or  in  the  court 
of  common  pleas  in  the  county  of  Hartford,  and  may  enquire  into 
the  facts  by  itself,  or  by  a  committee,  and  may  proceed  to  final 


NEW   BRITAIN   CITY   CHARTER.  25 

judgment  and  decree,  and  enforce  the  same  according  to  the  rules 
of  equity;  provided  the  cause  of  the  proceedings  in  equity  origin- 
ated, and  one  or  both  of  the  parties  reside  within  the  limits  of 
said  town  of  New  Britain)  and  the  premises  in  question,  in  cases 
of  foreclosure  or  other  proceedings  relating  to  real  estate,  shall 
be  situated  in  said  town;  and  said  court  shall  have  the  same  power 
and  authority  and  shall  proceed  in  the  same  manner  as  superior 
courts  now  or  hereafter  shall  have  power  to  proceed.  The  course 
of  practice  and  manner  of  proceeding  in  said  court  shall  be  con- 
formable to  that  in  the  superior  court  so  far  as  is  practicable,  and 
all  statutory  provisions  regarding  the  trial,  disposition  of,  and 
mode  of  proceeding  in  cases  in  the  superior  court  shall  be  appli- 
cable, so  far  as  is  practicable  to  cases  in  said  city  court  except 
otherwise  herein  provided.* 

SEC.  41.  Whenever  an  appeal  shall  be  taken  from  the  judg- 
ment rendered  in  any  case  by  a  justice  of  the  peace  for  the  county 
of  Hartford  residing  in  the  town  of  New  Britain  in  said  county, 
the  same  shall  be  taken  to  the  next  term  of  the  city  court  j-  to  be 
held  within  and  for  the  city  of  New  Britain  ;  provided,  either 
party  reside  within  the  limits  of  said  town  of  New  Britain,  and 
said  justice  of  the  peace,  from  whose  judgment  an  appeal  is  so 
taken,  shall  certify  both  upon  the  original  writ  and  the  copy  in 
the  appeal  that  one  or  both  of  the  parties  live  within  the  limits 
of  said  town ;  and  bonds  for  prosecution  shall  be  taken  to  the 
adverse  party  in  the  same  manner  as  is  now  by  law  provided  in 
appeals  to  the  superior  court ;  and  said-  appeal  shall  be  entered 
upon  the  docket  of  said  city  court,  and  said  city  court  may  pro- 
ceed to  trial  and  final  judgment,  and  grant  and  enforce  execution 
in  the  same  manner  as  is  now  by  law  provided  in  like  appeals  in 
the  court  of  common  pleas  for  said  Hartford  county. 

SEC.  42.  Whenever  final  judgment  or  decree  is  rendered  in 
said  city  court  in  any  cause  where  said  city  court  has  final  juris- 
diction, either  party,  in  the  same  term  and  within  five  days  after 
final  judgment,  may  make  and  present  to  said  court  a  motion  for 
a  new  trial,  stating  therein  the  questions  of  law,  or  a  motion  in 
error  for  questions  arising  on  the  record  of  such  proceedings  ; 
and  if  said  court  shall  be  of  opinion  that  such  motion  is  not 
intended  for  delay,  and  that  the  questions  are  such  as  to  entitle 
the  party  to  a  revision  thereof,  said  court  shall  reserve  such 


*  Amended  July  19,  1876. 

t  Altered  to  Court  of  Common  Pleas;  General  Statutes,  Revision  of  1875,  p.  415. 

4 


26  NEW   BRITAIN   CITY   CHARTER. 

motion  for  a  new  trial  for  the  opinion  of  the  superior  court  next 
to  be  holden  at  Hartford,  and  shall  allow  such  motion  in  error 
and  transmit  such  record  to  said  superior  court  in  the  same  man- 
ner and  according  to  the  same  rules  and' regulations  as  are  by  law 
provided  in  the  case  of  similar  motions  made  in  the  superior 
court  ;  and  said  superior  court  shall  at  its  first  term  thereafter 
proceed  to  hear  and  determine  the  issues  presented  under  such 
motion  for  a  new  trial  or  in  error,  in  the  same  manner  and  accord- 
ing to  the  same  rules  and  regulations  as  is  now  by  law  provided 
for  the  supreme  court  of  errors  in  like  cases. 

SEC.  43.  There  shall  be  a  judge  for  said  court,  who  shall  be 
chosen  by  the  general  assembly  ;*  he  shall  enter  upon  the  duties 
of  his  office  on  the  first  Monday  of  July  next  following  his  said 
election,  and  shall  hold  the  same  for  the  period  of  one  j-  year,  and 
until  another  is  chosen  and  sworn  in  his  stead,  and  the  oath  to  be 
taken  by  said  judge  shall  be  the  same,  mutatis  mutandis,  as  the 
oath  provided  by  law  to  be  taken  by  executive  and  judicial  offi- 
cers ;  provided,  that  in  case  of  the"  death  or  resignation  of  said 
judge,  the  governor  shall  appoint  some  person  to  fill  the  vacancy 
occasioned  thereby,  until  the  first  Monday  of  July  next  thereafter. 

SEC.  44.  Said  court  shall  have  power  to  appoint  and  swear  a 
clerk  of  said  court,  to  continue  in  office  during  the  pleasure  of 
said  court,  who  shall  as  to  matters  relative  to  his  office  as  clerk 
of  said  court,  have  the  same  power  and  authority,  and  be  entitled 
to  the  same  fees  as  clerks  of  superior  courts,  and  the  oath  to  be 
taken  by  the  clerk  shall  be  the  same,  mutatis  mutandis,  as  the 
oath  provided  by  law  to  be  taken  by  clerks  of  superior  courts. 
It  shall  be  the  duty  of  the  clerk  of  said  city  court,  upon  the  allow- 
ance of  any  appeal  from  said  court,  to  make  a  true  and  attested 
copy  of  the  record  in  such  cause  for  the  party  appealing,  and  he 
shall  receive  therefor  such  fees  as  are  or  may  be  allowed  by  law 
to  the  clerks  of  superior  courts  for  copies. 

SEC.  45.  The  common  council  of  said  city  of  New  Britain 
shall  have  the  power  to  appoint  an  attorney  for  said  city,  also  an 
assistant  attorney  to  act  in  his  absence,  or  at  his  request,  both  of 
whom  shall  be  sworn  to  a  faithful  discharge  of  the  duties  of  their 
office;  and  such  attorney  shall  have  power  to  sue  and  prosecute 
for  all  penalties  for  the  breach  of  any  of  the  by-laws  of  said  city 
in  the  name  of  the  city,  by  proper  action  before  said  city  court, 

*  Amended  July  30,  1872.  i 

t  Altered  to  two  by  Constitutional  Amendment,  1876. 


NEW  BRITAIN   CITY   CHARTER.  27 

and  shall  appear  in  all  cases  brought  for  or  against  said  city  of 
New  Britain. 

SEC:  46.  The  process  in  all  actions  brought  to  said  city  court 
shall  be  the  same  as  process  to  the  superior  courts  ; '  which  process 
may  be  signed  by  any  officer  of  this  state  authorized  to  sign  writs 
and  judicial  processes,  or  by  the  judge  or  clerk  of  said  city  court, 
and  may  be  served  by  any  officer  duly  qualified  under  the  laws  of 
this  state  to  serve  writs  and  other  judicial  processes,  or  the  sheriff 
of  said  city,  or  by  an  indifferent  person  deputed  to  serve  the  same, 
to  whom  directed  according  to  law  and  the  provisions  of  this  act; 
and  all  bonds  of  prosecution  taken  by  any  of  the  officers  em- 
powered to  sign  writs  shall  be  good  and  effectual,  and  bonds  of 
prosecution,  special  bail,  and  bonds  for  writs  of  error,  shall  be 
taken  to  the  adverse  party. 

SEC.  47.  All  writs  shall  be  served  at  least  twelve  days  before 
the  sitting  of  the  court  to  which  the  same  may  be  returnable  ;  and 
all  writs  returnable  to  said  court  shall  be  returned  to  the  clerk 
thereof  on  or  before  the  Friday  preceding  the  term  of  court  to 
which  the  same  may  be  returnable. 

SEC.  48.  The  common  council  of  said  city  shall  provide  a  suit- 
able room,  and  such  other  accommodations  for  said  city  court, 
including  records,  blanks,  stationery,  and  so  forth,  contemplated 
by  this  act,  as  said  judge  may  deem  necessary. 

'SEC.  49.  The  salary*  of  said  judge  and  the  time  and  manner 
of  paying  the  same  shall  be  fixed  by  the  common  council  of  said 
city,  and  shall  be  in  lieu  of  all  fees  whatsoever  for  services  as  such 
judge;  and  shall  be  paid  from  the  city  treasury  in  such  manner  as 
shall  be  provided  by  the  ordinances  of  said  city  for  paying  money 
from  said  treasury.  All  fees  arising  from  said'  court  (except 
clerks'  fees)  shall  be  paid  over  by  the  clerk  of  said  court  to  the 
city  treasurer;  said  clerk  may  draw  his  order  upon  the  city  treas- 
urer for  all  jury,  witness'  and  officers'  fees,  or  pay  the  same  from 
any  funds  he  may  have  in  his  hands;  he  shall  render  his  account 
of  the  same  under  oath  to  the  treasurer  of  said  city  as  often  as 
once  each  year. 

SEC.  50.  Whenever  either  party  to  any  cause  pending  before 
said  city  court  desire  the  same  to  be  determined  by  jury,  said 
party  shall  so  notify  the  clerk  of  said  court  in  writing  within  the 
first  three  days  of  the  term  to  which  said  cause  is  brought,  and 

*  Amended  July  2, 1875. 


28  NEW   BRITAIN    CITY    CHARTER. 

the  said  cause  in  such,  case  shall  be  entered  on  the  jury  docket 
of  said  court  for  trial.  Whenever,  in  the  opinion  of  the  judge, 
a  jury  shall  be  needed  to  attend  upon  said  court,  then  by  his 
direction  the  'clerk  shall  issue  a  warrant  directed  to  the  sheriff  of 
said  city  or  either  of  the  constables  of  said  town,  commanding 
the  officer  receiving  such  warrant  to  draw  and  summon  such  jury, 
and  such  officer  shall  thereupon  proceed  in  the  manner  hereinafter 
provided. 

SEC.  51.  The  police  court  hitherto  established  within  and  for 
the  borough  of  New  Britain,  shall  be  and  remain  a  police  court 
within  and  for  said  city  of  New  Britain.  The  judge  of  the  city 
court  for  said  city  shall  be  judge  of  said  police  court,  which  said 
,  judge  shall  have  and  exercise,  in  addition  to  the  jurisdiction  and 
powers  relating  to  criminal  cases,  now  vested  in  the  justices  of 
the  peace  residing  in  the  town  of  New  Britain,  the  other  powers 
and  duties  conferred  and  imposed  on  such  police  judge  by  this  act. 
In  case  said  judge  shall  at  any  time  be  unable  or  disqualified  to 
act  in  any  cause,  or  in  case  the  duties  of  the  office  shall  be  too 
great  for  him  reasonably  to  perform,  he  may  designate  and 
request  in  writing,  any  justice  of  the  peace,  resident  within  said 
city,  to  act  as  his  substitute,  and  said  justice,  while  so  acting 
under  such  request;  shall  have  the  same  powers  as  such  judge 
would  have  in  like  case ;  and  such  written  request  shall  be 
recorded  and  kept  with  the  records  of  said  court  by  the  clerk  of 
the  same. 

SEC.  52.  From  and  after  the  time  when  said  judge  shall  com- 
mence the  discharge  of  his  official  duties,  no  person  or  persons 
(other  than  said  judge)  within  the  limits  of  said  city  and  town, 
except  when  acting  as  substitute,  as  hereinbefore  provided,  or 
may  be  provided  in  the  subsequent  sections  of  this  act,  shall  have, 
use,  or  exercise  any  of  the  powers  specified  and  mentioned  in  the 
preceding  section  of  this  act,  except .  in  cases  herein  specially  pro- 
vided for ;  provided,  that  nothing  in  this  act  shall  be  so  construed 
as  to  prohibit  any  magistrate  now  authorized  by  law  to  issue  war- 
rants for  the  arrest  of  offenders,  from  issuing  the  same  hereafter, 
or  to  prohibit  justices  of  the  peace  from  discharging  any  minis- 
terial duty  or  office  now  by  law  imposed  upon  them,  but  all  war- 
rants issued  on  account  of  any  offense  committed  within  the 
jurisdiction  of  said  police  court  shall  command  the  officer  serving 
the  same  to  arrest  the  offender  and  bring  him  before  the  said 
police  court,  who  shall  deal  with  him  in  the  same  manner,  whether 


NEW   BRITAIN   CITY   CHARTER.  29 

such  warrant  shall  have  been  issued  by  any  magistrate  as  afore- 
said, or  by  and  from  said  police  court. 

SEC.  53.  No  such  judge  shall  be  disqualified  to  sit  in  any  qui 
tarn  or  other  penal  action  or  prosecution  from  which  a  penalty 
may  accrue  to  the  treasurer  of  said  city,  by  reason  of  his  being  a 
resident  in  said  city  and  liable  to  taxation  therein. 

SEC.  54.  Said  police  court  shall  have  authority,  subject  to  the 
provisions  of  this  act,  to  hear  and  determine  charges  for  crimes 
and  misdemeanors  committed  within  the  limits  of  the  town  and 
city  of  New  Britain,  the  punishment  of  which,  as  prescribed  by 
law,  does  not  exceed  a  fine  of  two  hundred  dollars,  or  six  months 
imprisonment  in  a  common  jail,  county,  or  town  workhouse,  or 
such  fine  and  imprisonment  both.  And  in  all  such  cases  said  court 
may  proceed  to  trial,  render  judgment  thereon,  and  grant  a  war- 
rant for  the  execution  thereof,  according  to  law;  but  in  all  cases 
the  person  convicted  may  appeal  from  the  judgment  of  said  police 
court  to  the  superior  court  next  to  be  holden  in  the  county  of 
Hartford,  except  when  the  conviction  shall  be  for  the  crime  of 
drunkenness,  profane  swearing,  and  sabbath  breaking;  provided 
he  gives  bonds  with  good  and  sufficient  surety,  on  the  appeal,  as 
said  police  court  shall  order,  payable  to  the  treasurer  of  the  state 
of  Connecticut,  or  the  treasurer  of  the  county  of  Hartford,  as 
the  law  in  each  case  may  require,  conditioned  for  the  appearance 
of  the  person  so  convicted  before  said  superior  court  to  answer 
concerning  the  offense  whereof  he  stands  charged,  and  to  abide 
the  judgment  that  may  be  rendered  by  the  said  superior  court. 
If  the  crime  charged  against  the  accused  shall  in  any  case  be  of 
so  aggravated  a  nature  as  to  require  a  greater  punishment  than 
is  above  specified,  the  accused  shall  be  by  said  police  court 
bound  over  to  the  next  superior  court  having  cognizance  of  the 
offense,  in  the  manner  provided  by  law  in  cases  of  binding  over 
by  justices  of  the  peace,  and  in  all  cases  not  bailable,  said  court 
shall  proceed  in  the  same  manner  as  now  provided  by  law  in  like 


SEC.  55.  The  clerk  of  the  city  court  for  said  city  shall  be  the 
clerk  of  said  police  court;  said  clerk  shall  keep  a  record  of  its 
proceedings,  which  shall  be  open  during  business  hours  for  public 
inspection,  and  shall  receive  all  fines,  penalties,  and  costs,  and 
moneys  founded  on  or  received  by  reason  of  all  and  any  convic- 
tions or  judgments  had  and  rendered  by  said  police  court  and 
belonging  to  said  city,  and  shall  account  for  the  same  to  and  with 


30  NEW    BRITAIN    CITY    CHARTER. 

the  treasurer  of  said  city  in  writing,  under  oath,  on  the  first  Mon- 
day of  July,  or  within  ten  days  thereafter,  in  each  year,  and  as 
often  as  the  common  council  of  said  city  shall  order,  and  shall  pay 
the  same  into  the  treasury  within  thirty  days  of  the  time  of 
accounting  with  the  treasurer  as  aforesaid  ;  said  treasurer  shall 
lodge  said  account  on  file,  and  keep  the  same  for  the  use  of  said 
city.  The  salaries  of  said  judge  and  of  said  clerk,  and  the  time 
and  manner  of  paying  the  same  shall  be  fixed  by  the  common 
council  of  said  city,  and  such  salary  shall  be  in  lieu  of  all  fees 
whatsoever  for  criminal  business.  And  said  clerk  shall,  before 
entering  upon  the  duties  of  his  office,  execute  a  bond  as  herein- 
before prescribed,  conditioned  that  he  shall  faithfully  render  an 
account  in  writing,  under  oath,  to  the  treasurer  of  said  city,  and 
pay  over  all  fines,  penalties,  fees  and  costs,  belonging  to  said  city, 
that  shall  come  into  the  hands  of  said  clerk,  into  the  treasury  of 
said  city,  as  is  hereinbefore  provided. 

SEC.  56..  The  common  council  of  said  city  shall  provide  a 
court  room  and  such  other  accommodation  for  said  police  court 
as  said  judge  shall  deem  necessary,  including  record  books,  blanks, 
stationery,  and  so  forth  ;  and  said  court  shall  be  open  for  the 
transaction  of  business  every  day  except  Sundays,  at  *  nine  o'clock 
in  the  forenoon,  and  for  so  long  a  time  as  shall  be  necessary  to 
transact  all  necessary  business  before  said  court  during  said  day. 

SEC.  57.  Presentments  or  complaints  in  any  criminal  matter 
cognizable  by  said  police  court,  may  be  made  to  the  same  by  any 
grand  juror  of  the  town  of  New  Britain,  or  the  attorney  or 
assistant  attorney  for  the  city  of  New  Britain  ;  and  said  police 
court,  and  the  clerk  thereof,  shall  exercise  the  same  powers  in 
relation  to  the  issuing  of  process  against  persons  so  complained 
of,  and  the  granting  of  summons  or  capias  for  witnesses,  as  are 
conferred  by  law  upon  justices  of  peace  in  such  cases. 

SEC.  58.  Before  entering  upon  the  trial  of  any  criminal  cause, 
the  said  police  court  may  adjourn  the  hearing  or  trial  thereof 
from  time  to  time,  not  exceeding  fifteen  days,  unless  said  court, 
upon  good  cause  shown,  may  deem  a  longer  time  necessary,  for 
the  purpose  of  procuring  material  testimony,  which  time  shall 
not  exceed  ninety  days  ;  and  said  court,  if  the  offense  charged 
be  bailable,  shall  take  good  and  sufficient  bail,  if  offered,  for  the 
appearance  of  the  person  charged,  at  the  day  to  which  the  trial 

*  Altered  to  eight  by  Amendment  of  June  24, 1875. 


NEW   BRITAIN   CITY   CHARTER.  31 

or  hearing  is  adjourned.  If  the  case  is  within  the  final  jurisdic- 
tion of  said  police  court,  the  bond  or  recognizance  shall  be  payable 
to  the  city  treasurer,  otherwise  to  the  county  or  state  treasurer,  as 
the  nature  of  the  offense  shall  require. 

SEC.  59.  Said  police  court  is  hereby  required  to  charge  and 
tax  for  the  use  of  the  city  of  New  Britain,  in  any  criminal  pro- 
ceeding, such  clerk  fees  as  are  now  allowed  by  law  to  the  clerks 
of  the  superior  court,  and  two  dollars  for  the  trial  of  each  case, 
and  one  dollar  on  each  appeal,  and  the  fees  of  the  prosecuting 
officer,  who  shall  make  any  complaint  or  presentment,  shall  be  the 
same  as  those  now  provided  by  law  for  grand  jurors  of  towns, 
and  payable  from  the  city  treasury.  And  all  such  fees  of  the 
prosecuting  officer,  who  shall  make  complaint,  shall  be  taxed  and 
received  by  the  clerk  in  favor  of  the  city  of  New  Britain ;  said 
clerk  may  pay  unto  persons  entitled  to  costs  in  any  criminal  pros- 
ecution, such  costs  as  have  of  right  accrued  to  them,  taking  their 
receipt  therefor,  but  shall  not  pay  costs  to  any  person  who  shall 
not  demand  the  same  within  six  months  after  the  same  are  taxed  ; 
provided,  that  no  part  of  said  costs  shall  be  received  by  or  paid  to 
any  salaried  officer  of  said  city,  for  any  service  whatever,  as 
witness  or  otherwise  ;  and  said  clerk  may  draw  orders  on  the  city 
treasurer  for  such  sums  as  are  necessary  for  the  purpose  herein- 
before indicated,  or  may  pay  the  same  out  of  the  funds  of  the 
city  in  his  hands. 

SEC.  60.  The  said  clerk  shall  receive  all  fines  and  costs  im- 
posed by  said  police  court,  and  paid  before  commitment,  and 
account  for  the  same  to  the  city  treasurer,  as  hereinbefore  pro- 
vided; and  all  fines  and  costs  paid  after  commitment  shall  be 
received  by  the  keeper  of  the  jail  or  of  the  workhouse  where  the 
offender  shall  be  confined,  and  by  such  keeper  paid  to  the  treas- 
urer of  the  city  of  New  Britain,  within  thirty  days  after  the 
same  shall  have  been  received  by  said  keeper  of  said  jail  or  work- 
house. 

SEC.  61.  It  shall  be  the  duty  of  the  city  attorney  to  prosecute, 
in  the  name  of  the  city  treasurer,  any  of  the  bonds  mentioned  in 
this  act,  which  are  payable  to  such  treasurer,  within  fifteen  days 
after  the  same  shall  be  forfeited,  and  account  to  and  with  the  city 
treasurer  for  all  sums  received  or  recovered  on  such  bonds  except 
his  taxable  fees;  and  it  is  hereby  made  the  duty  of  the  clerk  of 
said  police  court  to  give  immediate  information  to  the  city  attorney 
of  the  forfeiture  of  all  bonds  taken  to  the  treasurer  of  said  city, 


32  NEW  BRITAIN   CITY   CHARTER. 

in  pursuance  of  this  act.  And  in  case  of  the  sickness  of  said 
police  judge,  or  his  absence  from  the  city  at  any  time  when  his 
services  as  such  judge  may  be  required,  the  clerk  of  said  police 
court,  or  the  city  attorney,  may,  if  they  think  proper,  designate 
and  request,  in  writing,  any  justice  of  the  peace,  resident  within  said 
city,  to  act  in  the  place  of  said  police  judge,  and  said  justice  while 
so  acting  or  when  acting  by  previous  request  of  the  judge  himself, 
shall  have  the  same  fees  as  are  by  law  allowed  to  justices  of  the 
peace  in  criminal  cases,  which  fees  shall  be  paid  in  the  same 
manner  as  costs  are  hereinbefore  provided  to  be  paid  to  persons 
entitled  to  receive  them  ;  such  written  request  shall  be  recorded 
by  the  clerk  of  said  court,  and  kept  with  the  records  thereof;  and 
such  justice,  while  acting  under  such  request  shall  have  the  same 
powers  as  the  judge  would  have  in  the  same  case. 

SEC.  62.  The  common  council  of  the  said  city  of  New  Britain 
may  enter  into  any  arrangement  with  the  county  commissioners 
of  Hartford  county,  or  with  the  inspectors  of  any  workhouse 
within  said  county,  to  receive  and  keep  all  persons  who  may  be 
sentenced  to  confinement  in  the  common  jail  of  said  county,  or  in 
such  workhouse  by  said  police  court;  and  it  shall  be  the  duty  of 
the  sheriff  of  Hartford  county,  his  deputy,  the  sheriff  of  said 
city  of  New  Britain,  and  of  any  constable  of  the  town  of  New 
Britain,  or  either  of  the  special  constables,  or  policemen  of  said 
city  of  New  Britain,  to  convey  all  persons  so  sentenced,  without 
delay,  to  the  appointed  place  of  confinement,  and  deliver  them  to 
the  keeper  thereof,  who  shall  receive  and  imprison  such  persons 
and  employ  them  according  to  the  rules,  regulations,  and  disci- 
pline of  such  place  of  confinement,  during  the  term  for  which 
they  shall  be  severally  sentenced  and  committed,  or  until  they  are 
discharged  by  law;  but  the  said  common  council  shall  not  have 
power  to  enter  into  any  such  agreement  at  any  one  time,  for  a 
longer  period  than  two  years. 

SEC.  63.  It  shall  be  lawful  for  said  police  court,  at  its  discre- 
tion, and  in  the  manner  provided  by  the  public  laws  of  this  state, 
to  order  any  person  brought  before  said  court  on  any  criminal 
presentment,  to  be  committed  to  any 'reform  school,  or  other  insti- 
tution now  or  hereafter  established  within  this  state  for  juvenile 
offenders,  and  the  proper  officer  of  such  institution  shall  receive 
and  keep  such  person  according  to  the  rules  and  discipline  of  the 
same. 

SEC.  64.     Process  issued  by  or  returnable  to  said  police  court 


NEW   BRITAIN   CITY   CHARTER.  33 

may  be  served  by  the  sheriff  of  Hartford  county,  or  his  deputies, 
or  any  constable  of  the  town  of  New  Britain,  or  the  sheriff, 
policeman,  or  any  special  constable  of  the  city  of  New  Britain,  or 
'any  indifferent  person  deputed  to  serve  the  same,  who  shall  sev- 
erally receive  the  fees  therefor,  now  prescribed  by  law  for  con- 
stables of  towns  for  like  service,  and  no  more  ;  provided,  no  fee 
shall  be  paid  to  any  salaried  officer  of  said  city  for  such  service, 
but  the  legal  fees  therefor  shall  be  taxed  and  paid  to  the  clerk,  for 
the  city  treasury,  upon  conviction  of  any  person  arrested  ;  and 
provided  further,  that  the  authority  of  the  sheriff,  or  any  special 
constable  or  policeman  of  said  city,  shall  not  extend  beyond  the 
limits  of  the  town  of  New  Britain,  except  as  hereinbefore  pro- 
vided.* 

SEC.  65.  It  shall  be  lawful  for  all  officers  hereby  authorized 
to  serve  process  issued  by  and  returnable  to  the  police  court,  and 
it  shall  be  their  duty  to  arrest  without  previous  complaint  and 
warrant,  all  such  persons  as  are  guilty  of  drunkenness,  vagrancy, 
disorderly  conduct,  breaches  of  the  peace,  and  common  assault, 
when  such  offenses  shall  be  committed  within  the  limits  of  said 
town  of  New  Britain,  and  such  offenders  shall  be  taken  and  appre- 
hended in  the  act,  or  on  the  present  information  of  others  ;  and 
it  shall  be  lawful  for  said  court  to  proceed  to  trial  and  render 
judgment,  without  previous  complaint  and  warrant,  upon  persons 
so  arrested,  in  the  same  manner  as  if  they  had  been  arrested  upon 
process  issued  by  said  court. 

SEC.  66.  Whenever  any  person  shall  be  arraigned  before  said 
police  court  for  drunkenness,  vagrancy,  disorderly  conduct  or  a 
breach  of  the  peace,  said  court  may  indefinitely  suspend  judg- 
ment concerning  him,  whenever  such  forbearance  shall  seem  to 
the  court  required,  either  by  reason  of  the  age  of  the  accused,  or 
the  circumstances  under  which  the  offense  was  committed. 

SEC.  67.  Said  police  court  may  reduce  or  disallow  fees  taxable 
by  said  court,  in  cases  where  the  negligence  of  any  ministerial  or 
informing  officer,  or  the  discharge  of  the  accused  for  want  of 
evidence,  or  the  insufficiency  of  the  service  rendered,  or  other 
circumstances,  shall  render  such  reduction  or  disallowance  expedi- 
ent in  the  view  of  said  court,  in  the  exercise  of  its  sound  dis- 
cretion. 

SEC.  68.     Sureties  of  the  peace  and  for  good  behavior  may  be 

*  Amended  Jnly  20, 1875. 


34  NEW   BRITAIN   CITY   CHARTER. 

required  by  said  police  court,  in  such,  cases  and  in  such  manner 
as  justices  of  the  peace  are  now  authorized  by  law  to  require  the 
same  ;  provided  the  cause  or  occasion  of  requiring  the  same  shall 
arise  within  the  limits  of  the  town  of  New  Britain. 

SEC.  69.  All  fines,  penalties  and  forfeitures  incurred  by  a 
violation  of  any  of  the  provisions  of  this  act,  or  any  order  or. 
ordinance  of  the  common  council  of  said  city,  shall  be  for  the  use 
of  said  city,  and  may  be  recovered  by  an  action  of  debt,  or  other 
proper  action  in  the  name  of  the  city,  brought  to  said  city  court, 
or  by  information  of  the  city  attorney  made  to  said  police  court, 
in  the  cases  specified  in  the  twenty-first  [twenty-second]  section  of 
this  act,  to  be  proceeded  with  in  all  respects  as  other  actions 
brought  to  said  city  court,  or  other  informations  brought  to  said 
police  court;  provided,  that  no  person  shall  be  prosecuted  both 
civilly  and  criminally  for  the  same  act  of  breaking  any  order  or 
ordinance. 

SEC.  70.  The  common  council  of  said  city  of  New  Britain,  on 
the  third  Monday  *  in  June,  annually,  shall  meet  and  then  choose 
sixty  or  more  electors  of  said  city  to  serve  as  jurors  at  said  city 
court,  and  shall  return  the  names  of  said  jurors  under  the  hand 
of  the  mayor,  if  present,  or  in  his  absence,  under  the  hand  of 
the  senior  alderman  present  at  such  meeting,  to  the  clerk  of  said 
city  court,  who  shall  write  each  juror's  name  thus  chosen  fairly 
on  a  separate  piece  of  paper,  and  roll  up  and  put  the  same  into 
a  box  which  he  shall  provide  and  keep  for  that  purpose  ;  and 
whenever  the  sheriff  or  either  of  the  constables  within  the  city  of 
said  New  Britain  shall  receive  a  warrant  from  the  clerk  of  said 
city  court  to  summon  a  jury  to  appear  before  said  court,  the  officer 
receiving  such  warrant,  taking  with  him  one  of  the  aldernren  of 
the  city,  shall  repair  to  the  said  clerk's  office,  and  there,  in  the 
presence  of  such  alderman  and  clerk,  shall  take  out  of  said  box 
so  many  of  said  papers  as  his  warrant  shall  direct;  and  the  per- 
sons whose  names  shall  be  found  written  thereon  shall  be  sum- 
moned to  appear  .before  the  court  to  which  the  warrant  is  return- 
able, to  serve  as  jurors;  and  in  case  of  neglecting  to  attend  shall 
be  liable  to  such  penalties  as  shall  by  the  ordinances  of  said  city 
be  inflicted  for  such  neglect.  Authority  to  enact  such  ordinances 
is  hereby  conferred  upon  the  common  council  of  said  city  of  New 
Britain;  and  in  case  any  juror  shall  be  challenged  or  excused,  and 

*  Altered  to  Wednesday,  by  Amenclmeut  of  July  1, 1873. 


NEW   BRITAIN   CITY   CHARTER.  35 

a  panel  can  not  be  completed  from  the  jurors  summoned,  the 
sheriff  or  other  officer  attending  said  court  shall  supply  such 
deficiency  by  drawing,  in  the  presence  of  the  court,  others  out  of 
said  box,  and  summoning  them  to  attend  and  serve  until  the 
panel  shall  be  complete.  The  name  of  each  juror  that  attends 
and  serves  in  said  court  shall  be  again  written  on  a  separate  piece 
of  paper,  and  rolled  up  and  put  in  another  box,  provided  by  the 
clerk  for  that  purpose,  and  shah1  be  liable  to  be  drawn  again  only 
when  there  shall  not,  by  reason  of  death,  removal,  or  other  causes, 
be  a  sufficient  number  in  the  first  box  to  complete  the  panels  for 
the  year  in  which  they  are  chosen  to  serve. 

SEC.  71.  Forms  substantially  like  the  following  may  be  used 
in  reference  to  the  matters  indicated  in  their  titles,  and  shall  be 
sufficient;  but  nothing  in  this  section  shall  be  construed  as  pro- 
hibiting the  use  of  other  forms  in  reference  to  the  same  matters, 
or  as  invalidating  any  other  forms  : 

/.     Form  of  Ordinance. 

Be  it  ordained  by  the  common  council  of  the  city  of  New  Brit- 
ain. Sec.  1,  &c. 

II.     Form   of  order  under  Section  30. 

Ordered,   That  (a  or  the)  sidewalk  (or  gutter)  on  the 
side  of  street,  from  to  be  by  the- 

(proprietor  or  proprietors)  of  the  lands  fronting  on  said  street, 
on  that  side  thereof  and  between  said  points,  to  the  acceptance  of 
the  street  commissioner,  before  the  day  of  A.  D.  18 

III.     Form  of  certificate  of  lien  under  Section  37. 

This  certificate  witnesseth,  that  the  city  of  New  Britain  has  a 
lien  on  certain  land  in  said  city,  (and  the  buildings  thereon,) 
owned  in  whole  or  in  part  by  A.  B.,  bounded  and  described  as 
follows,  to  wit :  (describe  the  premises)  and  that  the  amount 
claimed  as  a  Hen  as  aforesaid  on  said  premises  is 
dollars  and  cents. 

In  witness  whereof  I  have  hereunto  set  my  hand  at  said  city, 
this  day  of  A.  D.  18  . 

C.  D.,  mayor  (or  city  clerk)  of  city. 


36  NEW    BRITAIN    CITY    CHARTER. 

IV.     Form  of  certificate  of  discharge  of  lien  under  Section  37. 

This  certificate  witnesseth,  that  the  lien  heretofore  claimed  by 
the  city  of  New  Britain  upon  the  premises  owned  in  whole  or  in 
part  by  A.  B.,  bounded  and  described  as  follows,  to  wit :  (describe 
the  premises)  has  ceased  to  exist. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  at  said  city, 
this  day  of  A.  D.  18  . 

C.  D.,  mayor  (or  city  clerk)  of  city. 

V.  Form  of  an  order  of  apportionment  under  Section  32. 

Whereas,  by  an  order  of  this  common  council,  it  has  been  made 
the  duty  of  the  proprietors  of  a  certain  piece  of  land,  to  wit  : 
(describe  it)  to  (sidewalk  or  gutter)  in  front  of  said  land  ; 

and  whereas,  the  said  land  is  held  by  different  persons,  to  wit  : 
A.  B.,  C.  D.,  and  E.  T1.,  in  such  a  manner  as  to  authorize  this 
common  council  to  apportion  among  said  persons,  pursuant  to  sec- 
tion thirty-one  of  the  city  charter,  the  expenses  of  executing  said 
order  ;  and  whereas,  said  expense  is  estimated  at  (or  ascertained 
to  be)  dollars  and  cents.  Ordered,  that 

the  said  A.  B.  pay  (state  the  fractional  part)  of  said  expense,  and 
said  C.  D.,  (fractional  part)  of  said  expense,  (and  so  on.) 

VI.  Form  of  complaint  for  violation  of  order  or  ordinance. 

To  the  honorable  city  police  court  for  the  city  of  New  Britain, 
comes  A.  B.,  city  attorney  of  said  city,  and  on  his  oath  of  office, 
complaint  and  information  makes,  that  since  the  incorporation  of 
said  city,  to  wit,  on  the  day  of  A.  D.  18  ,  and 

within  the  limits  of  said  city,  of  the  town  of 

in  the  county  of  with  force  and  arms  (set  forth  the  act 

complained  of)  against  the  peace,  contrary  to  the  ordinance  (or 
order,  as  the  case  may  be,)  of  said  city  in  such  case  provided,  and 
contrary  to  the  statute  in  such  case  provided;  therefore,  the  said 
city  attorney  prays  process,  and  that  the  said  may  be 

arrested,  held  to  answer  to  this  complaint,  and  be  therein  dealt 
with  according  to  law. 

Dated  at  said  New  Britain,  this  day  of  A.  D.  18     . 

A.  B.,  city  attorney. 


NEW    BRITAIN    CITY    CHARTER.  37 

VII.     Form  of  action  to  recover  fine,  penalty,  &c. 

To  the  sheriff  of  the  city  of  New  Britain  :  By  authority  of  the 
state  of  Connecticut  you  are  hereby  commanded  to  summon  A.  B., 
of  ,  to  appear  before  the  city  court  of  the  city  of  New 

Britain,  within  said  county,  next  to  holden  at  the  city  court  room 
in  said  city,  on  the  first  Monday  of  ,  A.  D.  18  ,  then 

and  there  to  answer  unto  the  city  of  New  Britain,  in  a  plea  that  to 
the  plaintiff  the  defendant  render  the  sum  of  ,  which  to  the 

plaintiff  the  defendant  owes,  and  from  them  unjustly  detains, 
whereupon  the  plaintiff  declares  and  says  that,  heretofore,  to  wit, 
on  the  day  of  ,  A.  D.  18  ,  the  said  A.  B.  (state- the 

act  or  negligence  which  subjects  the  defendant  to  the  fine,  penalty, 
or  forfeiture  to  be  collected.)  All  of  which  was  contrary  to  the 
ordinance  of  said  city,  entitled  (give  the  title  to  the  ordinance  im- 
posing the  fine,  penalty,  or  forfeiture.)  And  the  said  defendant 
thereby  became,  and  still  is  liable  to  forfeit  and  pay  to  the  plaintiff, 
for  the  use  of  the  city  treasurer,  the  sum  of  ,  recoverable 

in  an  action  of  debt  on  said  ordinance.  Whereby  an  action  hath 
accrued  to  the  plaintiff,  to  demand  and  recover  of  the  defendant, 
the  sum  of  ,  which  to  the  plaintiff  the  defendant  hath  never 

paid,  though  often  requested  so  to  do.  All  which  is  to  the  damage 
of  the  plaintiff  in  the  sum  of  ,  and  therefore  they  bring  their 

suit.  Hereof  fail  not,  but  due  service  and  return  make.  C.  D.,  of 
said  New  Britain,  is  recognized  in  the  sum  of  dollars  to  pros- 

ecute, &c.  Dated  at  said  New  Britain  this  day  of  , 

A.D.  18  . 

SEC.  72.  The  common  council  shall  annually,  in  the  month  of 
April,  at  their  first  meeting  after  the  election  on  said  second  Mon- 
day of  April,  or  at  an  adjourned  meeting  held  the  same  month, 
elect  by  ballot,  a  captain  of  police,  and  not  exceeding  three  active 
policemen ;  and  such  other  supernumerary  policemen  as  they  shall 
deem  proper,  not  exceeding  twenty,  shall  also  be  appointed  at  said 
meeting,  which  officers  shall  hold  their  respective  offices  for  the 
term  of  one  year,  and  until  others  are  chosen,  and  sworn  in  their 
stead.  In  case  either  of  said  offices  shall  at  any  time  become  va- 
cant by  reason  of  death  or  otherwise,  said  common  council  may 
fill  any  such  vacancy,  and  any  person  chosen  to  fill  such  vacancy 
shall  hold  said  office  until  the  next  annual  meeting  following  the 
day  of  his  election,  and  until  another  be  chosen  to  fill  said  office 
and  sworn  in  his  stead.* 

*  Amended  July  1,1873. 


38  NEW    BRITAIN   CITY   CHARTER. 

SEC.  73.  The  common  council  may  make  all  needful  rules  and 
regulations  for  the  government  of  the  police  force,  may  fix  the 
amount  of  salaries,  may  call  out  the  supernumerary  police  when 
they  deem  it  necessary,  and  may  authorize  the  mayor  or  captain  of 
police  to  do  the  same,  may  fix  the  amount  of  their  compensation 
while  on  duty,  and  to  do  any  other  lawful  act  to  render  the  police 
force  most  efficient.  Said  police  and  supernumeraries,  when  on 
duty,  shall  have  the  same  power  within  said  city  to  pursue  and 
secure  offenders  as  constables  have  in  their  respective  towns. 

SEC.  74.  The  common  council  of  said  city  shall  have  authority 
to  control  the  fire  companies  at  present  organized  in  the  borough 
of  New  Britain,  together  with  all  the  lands,  buildings,  engines,  and 
other  apparatus  now  held  by  said  borough  and  used  for  protection 
against  fire.  And  they  shall  have  power  to  form  and  control  such 
other  fire  companies  in  said  city  as  they  may  hereafter  deem 
necessary,  and  to  organize  a  fire  department  and  appoint  such  offi- 
cers for  the  same  as  they  may  deem  expedient. 

SEC.  75.  All  the  powers  relating  to  the  water  supply  hitherto 
exercised  by  the  warden  and  burgesses  of  the  borough  of  New 
Britain  under  the  act  to  supply  the  borough  of  New  Britain  with 
water  for  public  and  private  purposes  and  the  additions  thereto 
and  amendments  thereof,  are  hereby  vested  in  said  common  coun- 
cil, and  all  duties  imposed  and  powers  conferred  upon  the  water 
commissioners  of  said  borough  are  hereby  imposed  and  conferred 
upon  the  water  commissioners  of  said  city;  provided,  however,  that 
said  commissioners  shall  be  subjected  to  all  orders  and  ordinances 
of  the  common  council  relating  to  introducing  water  into  streets 
and  districts  before  unsupplied,  and  to  the  use  of  such  water  for 
public  purposes  generally.  '  Said  common  council  shall  annually  in 
the  month  of  May  appoint  three  water  commissioners  who  shall 
enter  upon  their  duties  on  the  first  Monday  in  June  in  each  year, 
and  shall  hold  office  for  one  year  and  until  successors  are  appointed 
and  qualified  in  their  stead.* 

The  bonds  commonly  known  as  "water  bonds,"  heretofore 
issued  by  the  borough  of  New  Britain,  under  the  various  acts  au- 
thorizing the  same,  together  with  all  other  obligations  of  said 
borough,  and  its  inhabitants,  are  hereby  'expressly  declared  to  be 
in  full  force  and  effect,  and  shall  be  obligatory  upon  said  city  and 
the  inhabitants  thereof,  to  the  same  extent  that  they  have  been 
heretofore  obligatory  upon  said  borough  and  its  inhabitants. 

*  Amended  May  26,  1875. 


NEW   BRITAIN   CITY   CHARTER.  39 

SEC.  76.  Said  city,  in  legal  meeting  assembled,  shall  have 
power  to  lay  taxes  on  the  polls  and  ratable  estate  within  the  limits 
of  the  city  for  such  purposes  as  the  city  shall  think  proper,  agree- 
able to  the  privileges  in  this  act. 

SEC.  77.  This  act  shall  come  into  effect  on  the  second  Monday 
of  April,  1871,  and  all  persons  holding  office  under  the  charter  of 
the  borough  of  New  Britain,  at  the  end  of  the  current  official  year 
of  said  borough,  shall  continue  in  their  respective  offices  until  the 
officers  provided  for  in  this  act  shall  be  elected  and  qualified.  On 
said  second  Monday  the  first  annual  election  of  the  city  shall  be 
held,  and  the  registrars  shall  prepare  for  the  same  in  the  manner 
provided  herein,  and  shall  also  appoint  two  inspectors  of  elections 
in  each  ward,  who  shall  have  all  the  powers  conferred,  and  be 
subject  to  all  the  duties  imposed  upon  inspectors  of  elections  by 
this  act,  at  said  first  election  of  said  city  ;  and  said  first  election 
shall  be  held  in  the  several  wards  at  such  places  as  the  inspectors 
shall  designate  by  public  notice  in  manner  provided  in  section 
eight,  and  said  inspectors  shall  provide  ballot  boxes  for  use  at  such 
elections. 

SEC.  78.  The  first  meeting  of  the  common  council  of  said  city 
shall  be  called  by  the  mayor,  and  all  meetings  of  said  council  called 
by  the  mayor  shall  be  valid  and  legal  meetings,  until  said  common 
council  shall  provide  for  the  manner  of  calling  meetings  thereof  ; 
provided,  that  the  mayor  shall  cause  actual  notice  to  be  given  to 
each  member  of  said  common  council  of  the  time,  and  place  of 
holding  the  meetings  called  by  him  as  aforesaid. 

SEC.  79.  From  and  after  the  time  when  the  provisions  of  this 
act  go  into  effect,  all  other  existing  provisions  of  law  enacted  by 
any  public  act,  for  the  special  purpose  of  affecting  the  warden, 
burgesses  and  freemen  of  the  borough  of  New  Britain  shall  be 
inoperative,  and  are  hereby  declared  to  be,  from  and  after  such 
time,  repealed  :  but  said  repeal  shall  not  impair  or  affect  any 
rights,  privileges,  or  immunities  vested  in  any  person  or  body  cor- 
porate, or  any  pecuniary  obligations  now  attaching  to  said  commu- 
nity; and  all  matters,  civil  or  criminal,  commenced  by  virtue  of 
the  provisions  of  law  so  repealed,  and  pending  unfinished,  when 
said  repealing  provisions  take  effect,  may  be  prosecuted  to  final 
effect,  in  the  same  manner  as  if  this  act  had  not  been  passed;  no 
offence  committed,  and  no  penalty  or  forfeiture  incurred,  and  no 
tax  or  assessment  laid  or  incurred,  under  any  of  the  provisions  of 
law  herein  repealed,  or  under  any  by-law  made  under  any  of  said 


40  NEW   BRITAIN   CITY   CHARTER. 

provisions,  shall  be  in  anywise  affected  by  said  repeal.  The  by- 
laws of  said  borough,  in  force  on  the  second  Monday  of  April, 
1871,  shall  thereafter  continue  in  force,  notwithstanding  any  pro- 
visions of  this  act,  until  repealed  by  the  common  council  of  said 
city. 

SEC.  80.     This  act  shall  be  a  public  act. 

SEC.  81.  This  act  shall  not  take  effect  unless  approved  by  the 
freemen  of  the  borough  of  New  Britain,  at  a  special  meeting  duly 
warned  and  held  within  six  months  from  the  passage  hereof,  and 
George  M.  Landers,  S.  A.  Moore,  T.  "W.  Stanley,  James  D.  Frary, 
and  S.  C.  Dunham,  are  hereby  authorized  and  directed  to  call  such 
meeting,  by  giving  public  notice  thereof  at  least  two  weeks  in  the 
New  Britain  Record,  and  for  a  like  time  on  the  town  post  in  said 
New  Britain,  and  said  call  shall  be  valid  if  signed  by  any  three  of 
the  abovenamed  persons.  At  said  meeting,  those  in  favor  of  ap- 
proving and  adopting  this  act  shall  vote  yes,  and  those  opposing 
shall  vote  no.  And  if  a  majority  of  the  freemen  voting  vote  yes, 
this  act  shall  thereupon  become  operative  at  the  time  hereinbefore 
fixed :  b\it  if  the  majority  voting  vote  no,  this  act  shall  be  of  no 
force  or  effect. 

Approved,  July  15th,  1870. 


AMENDMENTS. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPORATING  THE  CITY 
OF  NEW  BHITAIN. 


SECTION 

1.  Appropriation  of  streams,  when  author- 

ized. 

2.  Survey  and  estimate  of  cost. 


SECTION 

3.  Assessment  of .  damages  and  benefits, 

how  made. 

4.  Amounts  due  as  benefits  a  lien  on  land. 

5.  A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened  : 

SECTION  1.  The  common  council  of  said  city  are  hereby  author- 
ized, whenever  in  their  opinion  the  public  health  or  sewerage 
shall  require  such  action,  to  take,  occupy,  and  appropriate,  in  such 
manner  as  they  shall,  from  time  to  time,  deem  expedient,  any 
stream  or  part  of  a  stream,  natural  or  artificial,  running  in  or 
through  said  city,  and  to  straighten,  deepen,  or  lower  the  same, 
or  lower  or  remove  any  or  all  walls,  dams,  or  other  obstructions 
to  the  free  and  healthy  flow  of  such  stream  or  part  of  a  stream, 
or  enlarge  or  cause  to  be  enlarged  or  lowered,  any  or  all  culverts, 
which  at  any  season  of  the  year  cause  the  accumulation  of  stag- 
nant water,  or  interrupt  in  any  manner  the  free  and  healthy  flow 
of  any  part  of  such  stream. 

SEC.  2.  Whenever  said  common  council  shall  take  action 
under  the  foregoing  power,  they  shall  appoint  a  committee  to 
prepare  a  descriptive  survey  of  the  improvement  contemplated, 
with  a  careful  estimate  of  the  cost  of  completing  the  same,  and 
to  agree  with  the  parties  interested  as  to  damages  and  special 
benefits  on  account  of  such  improvement  ;  and  the  report  of  such 
survey  and  estimate  having  been  accepted  and  recorded,  and 
such  agreement  having  been  ratified,  and  the  sums  agreed  upon 
as  damages  having  been  paid  to  the  parties  entitled  thereto,  or 
deposited  to  their  credit  in  the  city  treasury,  said  city  may  go  on 
to  the  completion  of  said  improvement,  and  do  all  acts  necessary 
or  convenient  for  that  purpose  without  further  liability. 


42  AMENDMENTS  TO    NEW   BRITAIN   CITY   CHARTER. 

SEC.  3.  But  if  said  common  council  shall  be  unable  to  agree 
with  the  parties  interested  as  to  the  damages  or  benefits  to  be 
assessed  on  account  of  such  improvement,  any  judge  *  of  the  supe- 
rior court,  or  of  the  supreme  court  of  errors,  may,  on  application 
of  said  city,  after  causing  such  notice  of  the  pendency  of  such 
application  as  he  shall  deem  just  and  reasonable,  appoint  three 
judicious  and  disinterested  freeholders  of  the  county  of  Hartford 
to  estimate  the  damages  and  benefits  resulting  from  said  improve- 
ment ;  and  said  committee,  having  been  duly  sworn,  and  having 
given  notice  of  the  time  and  place  of  their  meeting  for  the 
purpose  aforesaid,  by  publishing  the  same  not  less  than  twice  in 
a  newspaper  published  in  said  city,  shall  meet  at  the  time  and 
place  designated,  and  having  heard  all  parties  in  interest  who 
shall  appear  before  them,  shall  determine  what  parties  will  be 
damaged  by  said  improvement  in  excess  of  special  benefits,  and 
the  amount  thereof ;  also  what  parties  owning  or  interested  in 
lands,  easements,  or  franchises,  within  a  reasonable  distance  of- 
said  improvement,  will  receive  special  benefit  over  all  damage, 
and  the  amount  thereof,  and  also  what  parties,  if  any,  will  receive 
an  equal  amount  of  damage  and  benefit.  And  thereupon  said 
committee  shall  report  in  writing  to  the  said  judge,  who  may 
confirm,  correct,  or  set  aside  said  report,  as  he  may  deem  just,  in 
which  latter  case,  said  committee,  or  a  new  one  to  be  then  ap- 
pointed by  said  judge  shall  proceed  as  before,  and  said  report 
being  finally  accepted  by  said  judge  shall  be  recorded  by  the 
clerk  of  the  superior  court  for  Hartford  county,  and  the  award 
of  damages  and  benefits  therein  contained  shall  be  final  between 
the  parties  ;  all  papers  connected  with  said  case,  by  whomsoever 
held,  shall  then  be  delivered  to  the  clerk  of  the  city  of  New  Brit- 
ain, who  shall  keep  the  same  on  file  for  public  inspection,  and  said 
damages  being  paid  or  deposited  as  before  provided,  said  city 
may  go  on  to  complete  said  public  improvement  and  do  all  acts 
necessary  or  convenient  for  that  purpose,  without  further  liability 
in  the  premises. 

SEC.  4.  All  amounts  due  to  said  city  as  special  benefits  under 
the  preceding  sections,  whether  reached  by  agreement  or  assess- 
ment, may  be  collected  by  warrant  under  the  hand  of  the  acting 
mayor  of  said  city,  directed  to  the  collector  thereof,  who  shall 
enforce  the  same  in  the  same  manner  as  tax  warrants  are  served 

*Amende4  July  1,1873. 


AMENDMENTS  TO   NEW   BRITAIN   CITY   CHARTER.  43 

and  enforced.  Every  such  amount  shall  also  be  and  remain  a 
lien  upon  the  land  or  other  property  with  reference  to  which  it 
was  made,  and  said  lien  shall  have  the  same  validity  and  effect, 
and  be  enforced  in  the  same  way  as  provided  in  section  thirty-sev- 
en of  the  act  incorporating  the  city  of  New  Britain.  It  is  further 
provided  that  in  no  case,  either  of  agreement  or  assessment,  shall 
the  aggregate  amount  of  special  benefits  exceed  the  cost  of  such 
improvement,  including  damages  paid  and  construction  expenses  as 
estimated  by  the  committee  aforesaid. 

SEC.  5.  This  act  shall  be  a  public  act,  and  shall  take  effect 
from  and  after  its  passage. 

Approved,  July  23d,  1872. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPORATING  THE  CITY 
OF  NEW  BRITAIN. 


>K<  i KIN 


1.    Judge  of  city  court,  disqualified  or  un- 
able to  act,  substitute  for. 


SECTION 
2.    A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened: 

SECTION.  1.  That  in  case  the  judge  of  the  city  court  of  said 
city  of  New  Britain  shall  at  any  time  be  unable  or  disqualified  to 
act  in  any  cause,  he  may  designate  and  request  in  writing  the 
judge  of  the  city  court  of  the  city  of  Meriden  to  act  as  his  sub- 
stitute ;  and  said  judge  while  so  acting  under  such  request,  shall 
have  the  same  powers  as  such  judge  would  have  in  like  cases  ; 
and  said  written  request  shall  be  recorded  and  kept  with  the 
records  of  said  court  by  the  clerk  of  the  same. 

SEC.  2.  This  act  shall  be  taken  to  be  a  public  act,  and  all  acts 
and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Approved,  July  30th,  1872. 


44 


AMENDMENTS   TO   NEW    BRITAIN    CITY    CHARTER. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPOKATING  THE  CITY 
OF  NEW  BRITAIN. 


1 .  Police,  appointment,  term  of  office,  and 

removal. 

2.  Suspension  of  policemen. 

3.  Vacancies,  how  filled. 

4.  Board  of  street  commissioners,  appoint- 

ment, and  term  of  office. 

5.  Board  of  street  commissioners,  a  court 

for  assessment  of  damages  and  benefits. 

6.  Members  to  be  sworn. 

7.  Vacancies,  how  filled. 

8.  Removal  of  members. 

9.  Map  of  contemplated  improvement. 


SECTION 

10.  Assessment  of   damages  and  benefits, 

how  made. 

11.  Appeals  from  assessment. 

12.  Appeals,  when  and  how  taken. 

13.  Reference  of  appeals  to  a  committee. 

14.  Re-assessment,  by  whom  made. 

15.  Notice  of  re-assessment   proceedings, 

and  how  given. 

16.  Disposition  of  appeals. 

17.  Return  of  papers  connected  with  appeals. 

18.  Amends  section  seventy  of  charter. 

19.  A  public  act. 


Be  it  enacted  ly  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened  : 

SECTION  1.  The  common  council  of  the  city  of  New  Britain 
shall,  as  occasion  may  require,  elect  by  ballot  a  captain  and  lieu- 
tenant of  police,  and  not  exceeding  eight  active  policemen;  and 
such  other  supernumerary  policemen  as  they  shall  deem  proper, 
not  exceeding  twenty,  shall  also  be  appointed  by  said  common 
council,  which  officers  shall  hold  their  respective  offices  during 
good  behavior,  and  until  removed  for  cause.  And  no  member  of 
said  department,  now  in  office,  or  hereafter  to  be  elected  shall  be 
removed,  unless  upon  complaint,  in  writing,  (a  copy  of  which  shall 
be  furnished  to  him,)  and  after  he  shall  have  had  a  reasonable 
time,  not  less  than  six  days,  to  prepare  a  defense  thereto;  such 
complaint  shall  be  made  to  the  common  council,  and  may  be  made 
by  any  person  whatsoever;  provided,  that  such  common •  council 
may,  by  a  vote  of  two-thirds  of  all  the  members  thereof,  at  any 
regular  meeting,  remove  or  suspend  for  cause,  any  member  of 
said  department,  without  charges  being  preferred. 

SEC.  2.  The  chief  of  police,  the  mayor,  or  the  judge  of  the 
police  court  of  the  city,  shall  have  power  to  suspend  policemen 
from  office  for  cause;  but  such  suspension  shall  not  continue  for 
more  than  twenty-four  hours  thereafter,  unless  the  person  order- 
ing such  suspension  shall  within  that  time  lodge  with  the  clerk 
of  the  common  council  a  notice  in  writing  of  such  suspension, 
the  ground  thereof,  and  the  names  of  witnesses  to  sustain  such 
charges,  which  notice  shall  by  said  clerk  be  presented  to  the 
common  council  at  the  next  regular  meeting  thereof.  After 


AMENDMENTS   TO   NEW    BRITAIN   CITY    CHARTER.  45 

notice  shall  have  been  given  to  the  accused,  said  common 
council,  or  a  committee  of  their  own  number  to  be  appointed  by 
them,  shall  hear  and  examine  witnesses  under  oath  or  affirma- 
tion upon  the  charges,  and  in  defense;  and  said  common  council 
may  continue  the  suspension,  remove  the  accused  from  office,  or 
return  him  to  duty.  In  all  cases  in  which  the  suspension  is 
continued,  the  party  suspended  shall  be  deprived  of  his  pay 
from  the  date  of  his  suspension,  but  he  shall  not  be  exempt  from 
performance  of  duty,  unless  the  officer  making  such  suspension 
shall  so  expressly  order.  The  violation  of  any  law  of  the  state,  or 
ordinance  of  the  city,  or  of  any  rule  or  regulation  of  the  police 
department,  or  incompetency,  shall,  if  proved,  be  punished  by 
suspension  or  dismissal  from  the  force. 

SEC.  3.  In  case  either  of  said  offices  shall  at  any  time  become 
vacant  by  reason  of  death  or  otherwise,  said  common  council 
may  fill  any  such  vacancy;  and  any  person  chosen  to  fill  such 
vacancy  shall  hold  said  office  during  good  behavior,  subject  to  be 
removed  for  cause,  or  suspended,  as  aforesaid. 

SEC.  4.  The  mayor  of  said  city  of  New  Britain,  shall,  by 
and  with  the  advice  and  consent  of  the  aldermen  thereof,  within 
one  month  after  this  act  shall  take  effect,  appoint  six  freeholders 
of  said  city,  who  shall  not  be  members  of  the  common  council, 
and  who  shall  constitute  a  board  of  street  commissioners  of  said 
city;  and  the  appointment  of  the  members  of  said  board  shall 
be  made  in  such  a  manner  as  to  divide  the  membership  thereof 
as  nearly  as  may  be,  equally,  between  the  two  leading  political 
parties  for  the  time  being.  The  persons  so  appointed  shall  hold 
their  office,  two  for  the  term  of  one  year;  two  for  the  term  of 
two  years,  and  two  for  the  term  of  three  years,  from  and  after 
the  third  Wednesday  of  April,  1873,  which  terms  shall  be 
designated  by  the  mayor  at  the  time  of  making  the  appointments 
aforesaid.  During  the  month  of  April.  1874,  and  annually  there- 
after, during  said  month,  the  mayor  and  aldermen  of  said  city 
shall  appoint  two  members  of  said  board,  who  shall  hold  office  for 
the  term  of  three  years,  from  the  third  Wednesday  of  April  of 
the  year  in  which  they  are  so  elected,  and  until  their  respective 
successors  shall  be  appointed  and  qualified,  and  in  such  appoint- 
ment regard  shall  be  had  for  the  two  leading  political  parties  for 
the  time  being,  as  aforesaid. 

SEC.  5.  Said  board  of  street  commissioners  shall  act  as  a  court, 
for  the  assessment  of  betterments  and  appraisal  of  damages, 


46  AMENDMENTS   TO    NEW   BRITAIN   CITY   CHARTER. 

and  all  powers  now  conferred  by  the  charter*  of  the  city  of  New 
Britain  in  reference  to  the  appraisal  of  damages  and  assessment  of 
betterments,  shall  hereafter  be  exercised  by  said  board:  provided 
the  common  council  shall  have  power  to  pass  ordinances  not 
inconsistent  herewith,  prescribing  the  manner  of  procedure  in 
such  assessment  and  appraisal. 

SEC.  6.  The  members  of  said  board  shall  be  sworn  by  the 
clerk  of  said  city  to  a  faithful  and  impartial  discharge  of  their 
duties,  and  a  certificate  of  such  appointment,  and  the  adminis- 
tration of  such  oath,  shall  be  made  and  recorded  in  the  records  of 
the  city. 

SEC.  7.  Whenever  a  vacancy  shall  occur  in  said  board  of  street 
commissioners,  it  shall  be  filled  in  the  manner  provided  aforesaid 
for  the  appointment  of  members. 

SEC.  8.  The  mayor  of  said  city,  by  and  with  the  advice  of  any 
two  of  the  aldermen,  may  remove  any  member  of  said  board  for 
cause. 

SEC.  9.  In  all  cases  when  it  becomes  necessary  to  estimate 
and  appraise  the  damages  or  benefits,  as  the  case  may  be,  result- 
ing or  accruing  to  any  person  or  persons  from  the  taking  of  land 
or  any  interest  therein,  for  public  use,  or  from  the  laying  out, 
alteration,  construction,  extension,  enlargement,  discontinuance, 
or  exchange  of  any  street,  highway,  public  walk,  sewer,  or  ave- 
nue, or  designation  of  any  building  line  or  lines,  as  provided  in 
the  charter  of  said  city'of  New  Britain,  or  whenever  the  common 
council  shall  6rder  the  paving  of  any  street  or  highway,  or  any  . 
part  thereof,  the  board  of  street  commissioners  shall  obtain  from 
the  city  surveyor  a  map,  drawing,  or  written  description,  clearly 
explaining  the  contemplated  improvement,  and  showing  the 
adjoining  land  and  owners  thereof,  and  shall  then  agree,  if 
possible,  with  persons  owning  or  interested  in  lands  required  for 
said  improvement,  upon  the  compensation  to  be  made  therefor, 
including  the  damages  for  establishing  a  building  line  or  lines 
in  case  of  opening  a  new  street,  and  with  those  who  will  be 
specially  benefited  by  said  improvement  as  to  the  entire  amount 
to  be  paid  as  betterments  for  said  improvement,  and  the  respec- 
tive amounts  or  proportions  thereof,  which  each  person  so  benefited 
will  pay,  and  secure  from  each  such  owner  or  person,  proper 
written  evidence  of  such  agreement. 

SEC.  10.  If  said  board  of  street  commissioners  fail  to  agree 
with  any  owner  of  said  land  or  interest  therein,  or  with  any  of 


AMENDMENTS   TO   NEW   BRITAIN   CITY   CHARTER.  47 

the  parties,  who,  in  their  opinion,  should  be  assessed  for  any 
benefits  on  account  of  said  proposed  improvement,  they  shall, 
before  making  any  assessment  of  damages  and  benefits,  give 
reasonable  notice  to  all  persons  interested  in  said  proposed  im- 
provement, of  the  time  and  place  when  and  where  they  will 
meet  for  that  purpose;  such  notice  shall  be  deemed  reasonable 
and  sufficient,  if  signed  by  the  members  of  said  board,  or  a 
majority  of  them,  and  published  in  the  same  manner  as  provided 
to  be  done  by  the  common  council  in  section  thirty-five  of  said 
charter,  or  if  given  in  such  other  manner  as  by  an  ordinance  of 
the  common  council  is  now  or  may  be  prescribed;  said  board  shall 
meet  at  the  time  and  place  designated  in  their  said  notice,  and  at 
such  other  times  and  places  as  they  may  adjourn  therefrom, 
and  all  parties  in  interest  may  appear  before  said  commission- 
ers and  be  heard  with  witnesses  relative  to  the  amount  of 
damages  or  betterments,  or  both,  to  be  appraised  or  assessed  to 
them  respectively,  and  said  commissioners  shall  examine  said 
parties  and  witnesses  under  oath;  thereupon  said  board  shall 
proceed  to  assess  all  betterments  or  benefits,  and  to  appraise  all 
damages  therefor,  to  the  persons  liable  to  such  betterments,  or 
entitled  to  such  damages,  including  the  damages  for  building  lines 
in  case  of  new  streets,  or  alteration  of  existing  streets,  upon  the 
proper  parties  or  land  specially  benefited  by  said  proposed 
improvement,  in  proportion  to  the  benefits  or  damages  to  each 
respectively:  provided,  that  the  whole  amount  of  benefits  assessed 
for  any  particular  lay-out,  alteration,  designation,  or  other 
improvement,  shall  not  exceed  the  whole  amount  of  damages 
assessed  on  account  of  the  same  lay-out,  alteration,  designation, 
or  improvement,  and  the  estimated  cost  of  constructing  and  com- 
pleting said  improvement,  which  estimate  said  board  shall  make 
and  take  into  consideration  in  their  assessments  as  provided  in 
this  section,  and  their  attempts  to  agree  with  the  parties  in 
interest  as  to  betterments  as  aforesaid,  and  shall  also  embody 
in  the  report  of  their  doings,  which  report  shall  be  made  as  soon 
as  may  be,  to  the  common  council  of  said  city;  and  all  the  subse- 
quent proceedings  relative  to  said  assessment,  shall  be  the  same  as 
is  now  provided  in  said  charter,  except  as  the  same  is  hereinafter 
altered,  in  regard  to  appeals;  and  the  assessment  of  betterments 
shall  be  and  remain  a  lien  or  real  incumbrance  upon  the  land 
upon  which  they  are  respectively  made  as  is  now  provided. 

SEC.  11.     All  appeals  taken  from  any  appraisal  of  damage  or 


48  AMENDMENTS   TO   NEW   BRITAIN   CITY   CHARTER. 

assessment  of  betterments,  made  by  the  board  of  street  commis- 
sioners of  said  city,  shall  be  to  the  judge  of  the  court  of  common 
pleas  for  the  county  of  Hartford;  and,  when  an  appeal  shall  be 
taken,  said  board  shall  instruct  and  aid  the  city  attorney  in  the 
matter  of  said  appeal,  until  the  same  shall  be  determined.  As 
many  of  the  parties  interested  as  may  choose  to  do  so  may  join  in 
such  appeal;  and  when  separate  appeals  are  taken  by  different 
parties  from  one  assessment  and  appraisal,  all  such  appeals  shall  be 
heard  and  tried  as  one  cause.* 

SEC.  12.  Appeals  may  be  taken  from  the  assessment  of 
benefits  only;  but,  if  taken  from  the  appraisal  of  damages,  shall 
be  from  the  said  appraisal  and  also  from  the  assessment  of  bene- 
fits made  at  the  same  time  and  for  the  same,  public  work.  Such 
appeal  shall  be  taken  within  ten  days  after  public  notice  shall 
be  given  of  such  appraisal  or  assessment,  and  shall  be  by  a 
suitable  petition  in  writing,  setting  forth  the  whole  of  said  assess- 
ment appealed  from,  and  asking  for  a  re-appraisal  and  re-assess- 
ment, or  for  a  re-assessment  only,  with  a  citation  attached  thereto, 
signed  by  any  authority  authorized  to  sign  writs,  returnable 
before  said  judge  at  2  o'clock,  p.  M.,  on  the  day  three  weeks 
subsequent  to  the  clay  on  which  public  notice  of  said  appraisal 
shall  have  been  given;  and  said  citation  shall  be  served  upon 
the  clerk  of  said  city  at  least  six  days  before  the  return  day 
thereof. 

SEC.  13.  Such  appeals  may  be  heard  by  said  judge,  but  shall, 
upon  the  motion  of  any  party  thereto,  or  person  interested  therein, 
be  referred  to  a  committee  for  hearing. 

SEC.  14.  If,  upon  the  hearing  of  any  appeal,  said  judge  or 
committee  shall  find  cause  to  alter  said  assessment,  or  said 
appraisal  and  assessment,  then  said  judge  or  committee  shall 
proceed  to  re-assess  the  whole  amount  of  the  damages  or  cost  of 
construction,  or  both,  upon  the  persons  or  land  specially  bene- 
fited. 

SEC.  -15.  If  the  judge  or  committee  hearing  said  appeal,  shall 
alter  said  assessment  or  said  appraisal  and  assessment,  as  aforesaid, 
then  said -judge  or  committee  shall  cause  notice  of  the  pendency 
of  the  proceedings  before  him,  to  be  given  to  all  persons  interested 
in  said  proposed  improvement,  which  notice  shall  be  by  citation, 
served  upon  such  persons,  or  left  at  their  usual  place  of  abode, 
giving  such  time  for  appearance,  and  served  in  such  manner,  as 

*  See  act  of  June  18, 1875,  relating  to  appeals  and  assessments. 


AMENDMENTS   TO   NEW   BRITAIN    CITY   CHARTER. 


49 


said  court  or  committee  shall  direct,  or  by  publication  in  a  news- 
paper published  in  said  city,  for  such  time  and  in  such  form  as 
said  judge  or  committee  shall  direct. 

SEC.  16.  Such  judge  shall  have,  for  the  purpose  of  disposing  of 
said  appeal,  all  the  power  of  the  superior  court,  and  may  render 
judgment  thereon,  and  may  tax  costs  in  favor  of  either  party,  and 
issue  execution  for  said  costs,  to  be  taxed  as  upon  civil  process  in 
the  superior  court. 

SEC.  17.  Said  judge  shall,  when  the  proceedings  in  any  case 
arising  under  this  act  are'  closed,  return  all  papers  connected  with 
the  case  to  the  clerk  of  said  city,  to  be  by  him  kept  on  file. 

SEC.  18.  Section  seventy  of  the  act  to  which  this  act  is  an 
addition,  is  hereby  amended  by  striking  out  the  word  "  Monday," 
in  the  second  line  of  said  section,  and  inserting,  in  place  thereof, 
the  word  "  "Wednesday." 

SEC.  19.  This  act  shall  be  a  public  act,  and  shall  take  effect 
from  its  passage,  and  all  acts  and  parts  of  acts,  and  ordinances  and 
parts  of  ordinances,  inconsistent  herewith,  are  hereby  repealed: 
provided,  that  An  Act  in  addition  to  an  Act  incorporating  the  City 
of  New  Britain,  passed  at  the  May  session,  A.  D.  1872,  and 
approved  July  23d  of  the  same  year,  shall  remain  in  full  force  and 
effect  the  same  as  if  this  act  had  not  been  passed,  and  that  this  act 
shall  not  affect  any  suit  now  pending. 

Approved,  July  1st,  1873. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPORATING  THE  CITY 
OF  NEW  BRITAIN. 


SECTION 

1.  Sewer  fund  bonds,  authority  lo  issue, 
and  amount. 

3.  Board  of  Sewer  Commissioners,  ap- 
pointment, and  term  of  office. 


SECTION 

3.  Board  of  Sewer  Commissioners,  trustees 

of  sewer  fund  bonds. 

4.  Their  powers  and  duties. 

5.  Act  take*  effect,  when. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 

Assembly  convened: 

• 

SECTION  1.     That  for  the  purposes  of  defraying  the  cost  and 

expense  incident  to  the  laying  out,  construction  and  repairing  of 

sewers  and  drains  in  the  city  of  New  Britain,  and  of  paying  the 

indebtedness  of  said  city  already  accrued,  and  now  existing  on 

7 


50  AMENDMENTS   TO    NEW    BRITAIN   CITY    CHARTER. 

account  of  the  purchase  of  the  "Shepard  property,"  so-called, 
and  for  said  purposes  only,  the  said  city  of  New  Britain  is  hereby 
authorized  and  empowered  to  issue  notes,  scrip,  or  certificates  of 
debt,  to  be  denominated  on  the  face  thereof,  the  sewer  fund  of  the 
city  of  New  Britain,  to  an  amount  not  exceeding  in  the  whole  the 
sum  of  one  hundred  and  fifty  thousand  ($150,000)  dollars,  bearing 
interest  at  no  greater  rate  than  per  cent,  per  annum, 

the  principal  of  which  shall  be  payable  at  some  certain  time  or 
times  within  years  from  issuing  the  same,  and  the 

amount  of  said  notes,  scrip,  or  certificates  which  may  at  any  time 
be  issued,  together  with  the  times  of  payment  of  the  principal  and 
interest  thereof,  and  the  rate  of  interest  shall  be  prescribed  by  said 
city  in  legal  meeting  for  that  purpose  called  and  held,  and  said 
notes,  scrip,  or  certificates  shall  be  signed  by  the  mayor  and  coun- 
tersigned by  the  treasurer  of  said  city,  and  shall,  when  issued,  be 
obligatory  on  said  city  and  the  inhabitants  thereof,  according  to 
the  tenor  of  the  same,  and  all  sums  of  money  realized  from  the 
sale  or  other  disposition  of  said  "Shepard  property,"  or  any  por- 
tion thereof,  or  from  sewer  assessments,  shall  belong  to  the  sewer 
fund  of  said  city,  and  shall  be  used  for  sewer  purposes  only;  no 
assessment  of  benefits  for  sewer  purposes  shall  be  collectible  until 
the  completion  of  the  sewer  for  which  the  party  or  parties  are 


SEC.  2.  The  common  council  of  said  city  shall,  within  one 
month  after  the  acceptance  of  the  provisions  of  this  act  by  the  city 
as  hereinafter  provided,  proceed  to  appoint  three  persons,  who  may 
or  may  not  be  members  of  said  common  council,  who  shall  act  as  a 
board  of  sewer  commissioners,  with  the  powers  conferred  by  this 
act,  and  the  persons  so  appointed  shall  hold  their  office,  one  for  the 
term  of  one  year,  one  for  the  term  of  two  years,  and  one  for  the 
term  of  three  years,  from  and  after  the  third  Wednesday  of  April, 

1874,  which  terms  shall  be  designated  by  the  common  council  at 
the  time  of  making  the  appointment.     During  the  month  of  April, 

1875,  and  annually  thereafter  during  said  month,  the  common 
council  of  said  city  shall  appoint  one  member  of  said  board,  who 
shall  hold  office  for  the  term  of  three  years  from  the  third  Wednes- 
day »f  April  of  the  year  in  which  he  is  so  appointed,  and  until  his 
successor  shall  be  appointed  and  qualified. 

SEC.  3.  Said  board  of  sewer  commissioners  shall  be  the  trustees 
of  the  notes,  scrip,  or  certificates  of  debt  issued  by  said  city  under 
the  provisions  of  this  act,  shaH  superintend,  the  issuing  of  the  same 


AMENDMENTS   TO    NEW    BRITAIN    CITY    CHARTER.  51 

and  regulate  the  particular  form  thereof,  and  after  the  same  or  any 
part  thereof  shall  be  issued,  they  may  sell  the  same  in  such  man- 
ner and  on  such  terms  as  they  may  deem  best,  or  they  may  pledge 
the  same  for  moneys  borrowed  by  said  city  to  be  used  for  sewer 
purposes.  Said  board  shall  keep  a  record  of  all  such  notes,  scrip, 
or  certificates  issued,  disposed  of  or  pledged,  and  all  moneys  re- 
ceived by  said  board  shall  be  by  them  paid  over  to  the  treasurer  of 
said  city. 

SEC.  4.  Said  board  of  sewer  commissioners  are  authorized  and 
empowered  to  attend  to  the  construction,  supervision,  care,  and 
management  of  the  sewers  and  drains  of  said  city,  and  to  exercise 
any  additional  powers  conferred  upon  them  by  said  common  coun- 
cil, and  they  shall  keep  a  record  of  their  official  proceedings,  and 
shall  render  a  report  of  their  doings  to  said  common  council  an- 
nually, and  oftener  when  by  them  requested,  including  a  general 
exhibit  of  the  state  of  their  works,  on  account  of  sums  required 
to  be  expended  therefor,  and  such  other  matters  of  information  as 
may  be  called  for  by  said  common  council:  provided,  that  said  board 
shall  always  be  under  the  direction  of  the  common  council  of  said 
city,  and  none  of  the  powers  heretofore  by  law  vested  in  said 
council  shall  be  divested  by  this  act. 

SEC.  5.  This  act  shall  take  effect  from  its  passage,  and  when 
approved  by  a  majority  of  the  legal  voters  of  said  city,  present  at 
a  meeting  duly  warned  and  held  for  that  purpose. 

Approved,  June  9th,  1874. 


AN  ACT  AMENDING   AN    ACT    INCORPORATING  THE  CITY  OF 
NEW   BRITAIN. 


SECTION 

1.  Division  of  city  into  four  wards. 

2.  Councilmen,  number  in  each  ward. 

3.  Votes    disapproved  by    Mayor,   how 

passed. 

4.  Change  of  grade  of  sidewalk,  when  at 

expense  of  city. 


SECTION 

5.  Appropriations  for  city  expenses,  city 

meeting  to  approve. 

6.  Expenditure  for  year  1875. 

7.  A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened: 

SECTION  1.  The  city  of  New  Britain  shall  be  divided  into  four 
wards  designated  and  bounded  as  follows,  to  wit:  So  much  of  said 


52  AMENDMENTS    TO    NEW    BRITAIN    CITY    CHARTER. 

city  as  lies  southerly  and  westerly  of  a  line  commencing  at  the 
western  limit  of  said  city,  and  in  the  center  of  West  Main  street, 
so  called ;  thence  easterly  on  the  center  line  of  said  West  Main 
street  to  the  center  line  of  Main  street;  thence  southerly  on  the 
center  line  of  said  Main  street  to  South  Main  street;  thence  on 
the  center  line  of  said  South  Main'  street,  to  the  southern  limit  of 
said  city,  shall  constitute  and  remain  the  first  ward.  So  much  of 
said  city  as  lies  easterly  and  southerly  of  a  line  commencing  at  the 
southern  limit  of  said  city,  and  in  the  center  of  South  Main  street; 
running  thence  in  the  easterly  boundary  of  said  first  ward,  and  con- 
tinuing on  the  center  line  of  said  Main  street  to  the  center  line  of 
the  Hartford,  Providence  and  Fishkill  railroad  track ;  thence  east- 
erly, on  the  center  line  of  said  railroad  track,  to  East  Main  street; 
thence  on  the  center  line  of  said  East  Main  street,  to  the  eastern 
limit  of  said  city,  shall  constitute  and  remain  the  second  ward. 
So  much  of  said  city  as  lies  northerly  and  westerly  of  a  line  com 
mencing  at  the  same  point  in  the  western  limit  of  said  city,  here- 
tofore described  as  the  point  where  the  boundary  of  the  first  ward 
commences;  running  thence  in  the  northerly  boundary  of  said  first 
ward  to  the  center  of  Main  street;  thence  northerly  on  the  center 
line  of  said  Main  street,  and  running  east  of  Liberty  Square,  so 
called,  to  the  center  line  of  Sexton  street;  thence  on  the  center  line 
of  said  Sexton  street  to  the  northern  limit  of  said  city,  shall  con- 
stitute and  remain  the  third  ward.  So  much  of  said  city  as  lies 
easterly  and  northerly  of  a  line  commencing  at  the  northern  limit 
of  said  city,  and  in  the  center  of  Sexton  street ;  running  thence  in  . 
the  eastern  boundary  of  said  third  ward  to  th'fe  center  of  the  Hart- 
ford, Providence  and  Fishkill  railroad  track;  thence  in  the  north- 
ern boundary  of  said  second  ward  to  the  eastern  limit  of  said  city, 
shall  constitute  and  remain  the  fourth  ward. 

SEC.  2.  Section  four  of  the  act  to  which  this  act  is  an  amend- 
ment, is  hereby  amended  by  striking  out  the  word,  "six,"  in  the 
fifth  line  of  said  section,  and  inserting  in  lieu  thereof  the  word 
"  four." 

SEC.  3.  Whenever  a  vote,  resolution,  order,  or  ordinance,  passed 
by  the  common  council  of  said  city,  shall  have  been  disapproved  by 
the  mayor,  and  by  him  returned  to  the  common  council,  with  his 
objections  thereto  in  writing,  if  two-thirds  of  all  the  members  of 
said  common  council,  present  and  absent,  shall  vote  to  pass  such 
resolution,  vote,  order,  or  ordinance,  notwithstanding  the  mayor's 


AMENDMENTS   TO   NEW    BRITAIN    CITY    CHARTER.  53 

objections,  the  same  shall  be  valid  as  if  it  had  been  approved  by 
the  mayor,  but  not  otherwise. 

SEC.  4.  Whenever  a  sidewalk  has  been  laid  by  an  adjoining 
land-owner,  under  any  order  of  the  common  council  of  said  city, 
and  upon  a  grade  furnished  by  competent  city  authority,  and  it  is 
deemed  necessary  by  said  common  council,  at  any  time  within  ten 
years  thereafter,  to  alter  or  change  such  grade  and  relay  such  side- 
walk, such  alteration  or  change  of  grade  and  relaying  of  sidewalk 
shall  be  done  at  the  expense  of  said  city:  provided,  that  in  all  cases 
where  an  alteration  or  change  of  grade,  or  the  relaying  of  any 
sidewalk  is  made  necessary  by  an  alteration  or  exchange  of  any 
street  line,  the  expense  thereof  shall  be  chargeable  as  is  now  pro- 
vided by  law.  The  provisions  of  this  section  shall  extend  and 
apply  to  sidewalks  already  formed,  and  flagged  or  paved  in  com- 
pliance with  the  orders  of  the  common  council. 

SEC.  5.  The  common  council  of  said  city  shall  annually,  in  the 
month  of  March,  and  on  or  before  the  twenty-fifth  day  of  that 
month,  make  a  detailed  estimate  of  the  expenses  of  said  city,  and 
of  each  department  thereof,  during  the  year  ending  on  the  fifteenth 
day  of  April  next  following,  and  cause  the  same  to  be  published 
in  each  of  the  newspapers  of  said  city.  The  said  estimates,  with 
such  explanations  and  suggestions  as  the  said  common  council  shall 
deem  proper  to  submit,  shall  be  submitted  to  the  next  annual  meet- 
ing of  said  city,  and  shall  be  considered  and  acted  upon  at  an  ad- 
journed meeting,  to  be  held  within  ten  days  after  the  time  appointed 
for  the  said  annual  meeting.  If  the  said  meeting  approve  of  the 
said  estimates,  they  shall  authorize  the  requisite  appropriations  to 
be  made  by  the  said  common  council  to  pay  the  amount  thereof; 
but  if  they  disapprove  of  the  said  estimates,  or  any  of  them,  they 
shall  make  such  alterations  therein  as  they  shall  judge  proper,  and 
shall  authorize  the  appropriations  required  to  pay  the  sums  called 
for  by  said  estimates  so  altered  by  them.  And  it  shall  not  be  law- 
ful for  the  said  common  council  to  make  appropriations  from  the 
city  treasury,  or  in  any  manner  bind  said  city  for  a  sum  in  excess 
of  the  estimates  so  approved  or  altered  by  said  meeting,  without 
the  sanction  of  the  voters  of  said  city.  A  tax  shall  be  laid  at  said 
adjourned  annual  meeting  to  meet  the  appropriation  voted,  and  any 
additional  sum  voted  at  any  special  meeting  of  said  city,  shall  also 
be  provided  for  by  a  tax  laid  at  said  special  meeting.  The  mayor  or 
other  executive  officer  shall  be  held  personally  liable  for  the  amount 
of  any  order  drawn,  or  obligation  given,  in  violation  of  this  section. 


54 


AMENDMENTS   TO    NEW    BRITAIN    CITY    CHARTER. 


SEC.  6.  No  expenditure  of  money  for  the  year  ending  on  the 
fifteenth  day  of  May,  1875,  in  excess  of  the  amount  covered  by 
the  tax.  now  laid,  shall  be  made  by  said  common  council  until  au- 
thorized by  a  major  vote  of  a  city  meeting  legally  warned  and  held 
for  that  purpose,  and  a  special  tax  laid  to  meet  such  appropria- 
tion. 

SEC.  7.  This  act  shall  be  a  public  act,  and  all  acts  and  parts  of 
acts,  and  ordinances  and  parts  of  ordinances,  which  may  be  incon- 
sistent herewith,  are  hereby  repealed. 

Approved,  June  17th,  1874. 


AN  ACT   AMENDING    AN  ACT    INCORPORATING   THE   CITY    OF 
NEW  BRITAIN. 


SECTION 
1.    Water  Commissioners. 


SECTION 

2.     Repeals  in  part  section  seventy-five  of 
charter. 


Be  it  enacted  by  the  Senate  and    House  of  Representatives  in  General 
Assembly  convened: 

SECTION  1.  The  common  council  of  the  city  of  New  Britain 
shall,  within  twenty  days  after  the  passage  of  this  act,  choose  by 
ballot  three  water  commissioners,  who  shall  be  residents  of  said 
city,  and  in  voting  for  such  commissioners  each  member  of  said 
council  shall  vote  for  three  persons,  whose  names  shall  be  written 
or  printed  on  one  ballot,  and  shall  be  marked  and  designated 
respectively,  as  first,  second,  and  third.  The  person  receiving  a 
majority  of  the  votes  marked  first,  shall  be  declared  to  be  elected 
for  one  year,  and  until  another  is  duly  chosen  in  his  place  ;  the 
person  receiving  a  majority  of  the  votes  marked  second,  shall  be 
declared  to  be  elected  for  two  years,  and  until  another  is  chosen 
in  his  place  ;  and  the  person  receiving  a  majority  of  the  votes 
marked  third,  shall  be  declared  to  be  elected  for  three  years,  and 
until  another  is  chosen  in  his  stead.  And  said  common  council 
shall  annually  thereafter,  in  the  month  of  May,  choose  by  ballot, 
one  resident  of  said  city  to  serve  as  water  commissioner  for  the 
term  of  three  years,  and  until  another  is  chosen  in  his  place  ;  the 
person  receiving  a  majority  of  the  votes  to  be  declared  elected. 


AMENDMENTS    TO    NEW    BRITAIN    CITY   CHARTER. 


55 


Said  common  council  shall,  in  the  same  manner,  fill  any  vacancies 
which  may  occur  in  said  board. 

SEC.  2.  This  act  shall  take  effect  from  its  passage,  and  so  much 
of  section  seventy-five  of  the  charter  of  the  city  of  New  Britain  as 
is  inconsistent  herewith,  is  hereby  repealed. 

Approved,  May  26th,  1875. 


AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPORATING  THE  CITY 
OF  NEW  BRITAIN. 


SECTION 

1.  Sewer  assessments. 

2.  Sewer  assessments,  amount  and  wher 

made. 


SECTION 

3.  Act  how  applied. 

4.  Time  of  open  ing  police  court . 

5.  A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened : 

SECTION  1 .  That  upon  the  execution  of  any  order  of  the  common 
council  of  said  city  for  the  construction  of  any  lateral  branch,  or 
connecting  public  sewer,  there  may  be  assessed  by  the  board  of 
street  commissioners  of  said  city,  upon  all  persons  whose  property 
is,  in  the  judgment  of  said  board,  especially  benefited  thereby,  a 
reasonable  part  of  the  expense  of  such  lateral  branch  or  connecting 
public  sewer,  and  of  the  main  or  trunk  sewer  into  and  through 
which  such  lateral  branch  or  connecting  sewer  is  discharged  : 
always  provided,  that  no  person  shall  be  assessed  for  sewer  pur- 
poses under  this  act,  or  the  act  to  which  it  is  amendatory,  beypnd 
the  amount  to  which  his  property  is  especially  benefited,  whether 
the  property  on  account  of  which  such  assessments  are  made,  be 
located  along  the  line  of  a  main  or  trunk  sewer,  or  of  a  lateral 
branch,  or  connecting  sewer. 

SEC.  2.  No  person  owning  land  fronting  on  the  line  of  a  street 
in  which  a  sewer  is  constructed,  shall  be  assessed  more  than  one 
dollar  and  twenty-five  cents  per  foot  front  of  said  land,  unless  in  the 
opinion  of  said  street  commissioners  the  owner  thereof  is  the  own- 
er of  land  in  the  rear  that  will  be  specially  benefited  by  said 
sewer.  No  assessment  of  benefits  shall  be  made  until  the  sewer, 
on  which  assessments  are  based,  shall  be  placed  under  contract,  or 
be  collectible  before  completion  of  said  sewer. 


56 


AMENDMENTS   TO    NEW   BRITAIN    CITY    CHARTER. 


SEC.  3.  This  act  shall  apply  to  all  assessments  hereafter  to  be 
made  on  account  of  sewers  now  or  hereafter  completed. 

SEC.  4.  That  the  time  of  opening  the  police  court  of  said  city 
shall  be  eight  o'clock  in  the  forenoon,  instead  of  nine,  as  is  now 
provided. 

SEC.  5.     This  act  shall  be  a  public  act  and  shall  take  effect  from 


Approved,  June  24th,  1875. 


AN  ACT  AMENDING  THE  CHARTER  OF  THE  CITY  OF  NEW 

BRITAIN,  AND  FIXING  THE  SALARY  OF  THE  JUDGE  OF  THE 

CITY  COURT. 


SECTIOJ 
1.    Salary  of  Judge  of  City  Court. 


SECTION 
2.    Repeals  previous  acts. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened  : 

SECTION  1.  The  salary  of  the  judge  of  the  city  court  of  the  city 
of  New  Britain,  from  and  after  the  fourth  day  of  July,  A.  D.  1875. 
shall  be  the  sum  of  eight  hundred  dollars  per  annum. 

SEC.  2.  All  acts  or  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed. 

Approved,  July  2d,  1875. 


AN    ACT    AMENDING    THE    CHARTER    OF  THE  CITY    OF    NEW 
BRITAIN. 


SECTION 

1.  Jurisdiction  of  police  court  extended 

over  Shuttle  Meadow  lake. 

2.  Town,  city,  and  police  officers  empow- 

ered to  make  arrests  at. 


SECTION 

3.  Jurisdiction  of  officers  of  town  of  Sonth- 

ington. 

4.  A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened  : 

SECTION  1.     The  police  court  of  the  city  of  New  Britain  shall 
have  jurisdiction  over  all  crimes,  offenses,  and  misdemeanors  that 


AMENDMENTS  TO   NEW   BRITAIN   CITY   CHARTER. 


57 


shall  be  committed  in  that  part  of  the  town  of  Southington,  in  the 
county  of  Hartford,  covered  by  the  waters  of  the  Shuttle  Meadow 
lake,  so  called,  and  within  one  hundred  rods,  measuring  land- 
ward, from  the  high  water  line  of  said  lake  along  the  entire  border 
thereof,  in  the  same  manner  as  said  court  now  has  over  crimes, 
offenses,  and  misdemeanors  that  are  committed  within  the  limits  of 
the  town  and  city  of  New  Britain. 

SEC.  2.  The  officers  of  the  town  and  of  the  city  of  New  Brit- 
ain, and  members  of  the  police  department  of  said  city,  shall  have 
the  same  authority  and  power  to  arrest  any  person,  or  persons 
within  that  part  of  the  town  of  Southington  described  in  section 
first  of  this  act,  as  they  now  have  to  make  arrests  within  the  limits 
of  the  town  and  city  of  New  Britain,  and  all  persons  so  arrested 
by  them  shall  be  brought  forthwith  before  the  police  court  of  said 
city,  which  court  shall  thereupon  proceed  to  trial  and  judgment 
as  in  all  other  similar  cases  now  within  its  jurisdiction. 

SEC.  3.  Nothing  in  this  act  contained  shall  affect  the  jurisdic- 
tion of  grand  jurors,  or  other  informing  officers  of  the  town  of 
Southington,  or  of  justices  of  the  peace  of  said  town  over  crimes, 
offenses,  and  misdemeanors  committed  in  any  part  of  said  town  of 
Southington. 

SEC.  4.     This  act  shall  be  a  public  act,  and  shall  take  effect  from 


Approved,  July  20th,  1875. 


AN  ACT  AMENDING  AN  ACT   INCORPORATING  THE  CITY  OF 
NEW  BRITAIN. 


SECTION 

1.  Registry  lists  of  wards. 

2.  Jurisdiction  of  city  court. 

3.  Building  and  alteration  of  buildings. 


SECTION 

4.  Annual  report  of  mayor  and  treasurer. 

5.  A  public  act. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened  : 

SECTION  1.     Whenever  any  annual  meeting  for  the  choice  of 

city  officers,  or  any  meeting  where  a  vote  is  to  be  taken  by  ballot, 

in  the  wards  of  said  city,  is  to  be  held,  the  registrars  whose  duty 

it  is  to  prepare  the  registry  list  or  lists,  for  electors'  meetings  in 

8 


58  AMENDMENTS   TO    NEW   BRITAIN   CITY    CHARTER. 

the  town  of  New  Britain,  shall  prepare  a  list  as  nearly  perfect  as 
is  practicable,  of  the  names  of  the  persons  entitled  to  vote  in  each 
and  every  ward  of  said  city,  at  the  said  city  meeting,  and  of  the 
street  in  which  each  person  resides,  and  whenever  the  residence 
of  such  person  is  numbered,  the  number  thereof,  which  names 
shall  be  arranged  in  alphabetical  order,  for  which  services  said 
registrars  shall  be  paid  a  reasonable  compensation  from  the  city 
treasury,  not  exceeding  two  hundred  dollars  each  ;  said  list  or 
lists  shall  be  delivered  by  said  registrars  to  the  city  clerk  at  least 
three  days  prior  to  such  meeting,  and  shall  be  open  to  the  inspec- 
tion of  any  elector  of  said  city.  The  presiding  officer  of  every 
ward  meeting  may  receive  the  votes  of  all  persons  whose  names 
are  on  the  ward  list  prepared  as  aforesaid,  unless  the  right  of  any 
such  person  to  vote  at  such  ward  meeting  is  challenged,  in  which 
case  said  presiding  officer  shall,  before  receiving  such  vote,  if  re- 
quested by  the  challenger,  make  due  inquiry  into  the  right  of 
such  person  to  vote,  and  hear  and  determine  such  challenge,  and 
'if  of  the  opinion  that  such  person  is  legally  entitled  to  vote  at  such 
ward  meeting,  the  presiding  officer  shall  receive  his  vote  ;  other- 
wise he  shall  reject  his  vote.  In  case  any  person  whose  name  is 
not  on  such  ward  voting  list  shall  offer  to  vote  at  said  meeting, 
the  presiding  officer  of  such  ward  meeting  shall  proceed  to  inquire 
into  the  right  of  such  person  to  vote,  and  if  of  the  opinion  that 
such  person  is  legally  entitled  to  vote  in  said  ward  meeting,  shall 
cause  the  name  and  residence  of  such  person  to  be  entered  on 
such  ward  voting  list,  and  receive  his  vote  ;  otherwise  he  shall 
reject  the  same.  Every  person  who  shall  be  examined  by  any 
presiding  officer  relative  to  the  right  of  himself  or  any  other  per- 
son to  vote,  shall  be  under  oath,  which  oath  the  presiding  officer 
shall  administer  ;  and,  if  any  person  when  so  examined  shall  be 
guilty  of  willful  false  swearing,  he  shall  be  liable  to  the  penalties 
of  perjury. 

SEC.  2.  That  "  An  act  incorporating  the  city  of  New  Britain," 
passed  by  the  general  assembly  of  this  state  at  the  May  session 
thereof,  A.  D.  1870,  and  approved  July  15,  1870,  be  amended 
by  striking  out  all  after  the  word  "  have  "  in  the  sixth  line,  and 
before  the  word  "  The "  in  the  twenty-fifth  line  of  the  fortieth 
section,  and  inserting  in  lieu  thereof,  the  following,  viz  :  "  Juris- 
diction in  all  civil  causes,  and  over  all  suits  in  equity  (excepting 
suits  for  relief  against  any  cause  depending  or  judgment  rendered 
in  the  superior  court  or  court  of  common  pleas),  which  shall  be 


AMENDMENTS  TO    NEW   BRITAIN   CITY   CHARTER.  59 

brought  before  it  according  to  law,  in  which  the  debt,  damages, 
or  matter  in  demand  exceeds  the  jurisdiction  of  a  justice  of  the 
peace,  and  does  not  exceed  the  sum  of  five  hundred  dollars  :  pro- 
vided, the  cause  of  the  proceedings  in  equity  originated,  and  one 
or  both  of  the  parties  reside  within  the  limits  of  said  town  of  New 
Britain,  and  the  premises  in  question,  in  cases  of  foreclosure  or 
other  proceedings  relating  to  real  estate,  shall  be  situated  in  said 
town  ;  and  in  all  cases  in  which  the  matter  in  demand  shall  exceed 
the  sum  of  three  hundred  dollars,  an  appeal  from  any  final  judgment 
rendered  thereon,  shall  be  had  and  allowed  to  either  party,  upon 
giving  bond  with  surety  to  the  satisfaction  of  the  judge  of  said 
court,  to  the  next  superior  court  of  the  county  of  Hartford."  But 
this  amendment  shall  not  prevent  said  court  from  proceeding  to 
hear  and  determine  any  action  now.  pending  before  it,  in  which 
the  matter  in  demand  exceeds  the  sum  of  five  hundred  dollars. 

SEC.  3.  That  said  "  act  incorporating  the  city  of  New  Britain  " 
be  further  amended  by  inserting  in  line  fourteen  of  the  twenty- 
second  section  thereof,  after  the  words  "  by  fire  "  and  before  the 
words  "the  markets,"  the  following  :  "and  for  that  purpose,  and 
to  provide  for  the  greater  safety  of  occupants  of  buildings  from 
fire,  to.  regulate  the  alteration  of  buildings,  and  the  mode  of  build- 
ing, and  the  materials  used  for  building  or  altering  buildings,  and 
the  mode  of  using  buildings." 

SEC.  4.  That  said  "  act  incorporating  the  city  of  New  Britain  " 
be  further  amended  by  inserting  the  word  "  April "  in  the  place  of 
the  word  "March,"  in  the  thirty-fifth  line  of  the  tenth  section  of 
said  act,  and  by  inserting  the  word  "  April "  in  the  place  of  the 
word  "March,"  in  the  fourth  line  of  the  sixteenth  section  of  said 
act,  and  by  inserting  the  word  "  March  "  in  the  place  of  the  word 
"February,"  in  the  seventh  line  of  said  sixteenth  section. 

I->EC.  5.  This  act  shall  be  a  public  act,  and  shall  take  effect  from 
its  passage,  and  all  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed. 

Approved,  June  19th,  1876. 


OH  A.RTBR 


WATEK-WOKKS, 


ACCEPTED  JUNE  4,  1857, 


AND     AMENDMENTS 


ACTS  AUTHORIZING    THE   ISSUE  OF  WATER    BONDS, 


ACT  RELATING  TO  APPEALS  AND  ASSESSMENTS. 


WATER-WORKS. 


AN  ACT  TO  SUPPLY  THE  BOROUGH  OF  NEW  BRITAIN  WITH 
WATER  FOR  PUBLIC  AND  PRIVATE  PURPOSES. 


SECTION 

1.  Borough  empowered  to  take  water  for 

water-works   from    Shuttle    Meadow 
brook. 

2.  Board  of  Water  Commissioners. 

3.  Their  powers  and  duties. 

4.  Quorum,  and  vacancies  in  board. 

5.  Assessment  of  compensation  and  dam- 

ages, by  whom  made, 
(i.    Water  fund  bonds,  authority  to  issue, 

and  amount. 
7.    Water  Commissioners  trustees  of  water 

fund  bonds. 


SECTION 

8.  Water  rents,  how  applied. 

9.  Deficiency  of  water  rents  supplied  by 

tax. 

10.  Taxes  for  expenses  of  water-works,  a 

lien. 

11 .  Orders,  and  bonds,  of  Water  Commis- 

sioners. 

12.  Corrupting  the  water,  or  injuring  the 

water-works. 

13.  A  public  act,  and  how  accepted. 

14.  When  act  takes  eflect. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened : 

SECTION  I.  That  *"  the  borough  of  New  Britain,"  is  hereby  au- 
thorized and  empowered  to  take  water  from  the  stream  known  as 
"  Shuttle  Meadow  Brook,"  at  any  feasible  point  near  the  south- 
west corner  of  the  town  of  New  Britain,  either  within  or  without 
the  limits  of  said  town;  provided  that  rights  of  other  proprietors 
sustaining  damage  thereby,  be  paid  for  by  said  borough,  as  here- 
inafter provided,  and  such  water  to  convey  and  distribute  into  and 
through  the  said  borough,  by  means  of  aqueducts,  reservoirs,  and 
other  suitable  works,  in  such  quantities  as  the  necessities  and  con- 
veniences of  said  borough  may  require;  also,  to  take  and  hold  any 
lands  or  other  estate,  or  any  privileges,  and  to  exercise  any  powers 
not  inconsistent  with  the  laws  of  this  state,  that  may  be  necessary 
or  convenient  for  carrying  into  full  effect  the  purposes  of  this 
act.f 

SEC.  2.  Said  borough  shall  immediately  upon  its  acceptance  of 
the  provisions  of  this  act,  proceed  to  elect  three  persons,  who 
shall  act  as  a  board  of  water  commissioners,  with  the  powers  con- 


*  See  amendment  next  following. 


t  Amended,  May  30, 1860. 


64  ACTS   RELATING  TO    WATER-WORKS   OP 

ferred  by  this  act,  and  shall  hold  office  until  the  next  annual  meet- 
ing of  said  borough,  and  until  others  are  chosen  in  their  stead  and 
sworn,  and  at  each  annual  meeting  hereafter  there  shall  be  chosen 
three  water  commissioners,  to  hold  office  for  one  year,  and  until  their 
successors  are  sworn.* 

SEC.  3.  Said  commissioners  are  hereby  authorized  and  em- 
powered to  purchase  and  take  conveyances  for  and  in  the  name  of 
the  borough,  of  all  lands,  or  other  estates  or  privileges,  necessary 
or  convenient  for  accomplishing  the  purposes  of  this  act;  to  make 
contracts  for  labor  and  materials  for  the  general  purposes  contem- 
plated by  this  act;  to  dam  and  hold  in  sufficient  quantities  the 
water  of  said  stream;  to  lay  and  construct  all  necessary  pipes, 
aqueducts,  or  reservoirs,  either  within  or  without  said  borough;  to 
make  use  of  the  ground  or  soil  under  any  railroad,  street,  high  or 
private  way,  for  the  purposes  of  laying  said  pipes  or  aqueducts  in 
such  manner  as  least  to  obstruct  or  impede  travel  thereon,  causing 
all  damage  done  thereto  to  be  repaired,  and  all  damages  sustained 
by  any  person  or  corporation,  in  consequence  of  the  interruption  of 
travel,  to  be  paid  to  such  person  or  corporation ;  to  make  and  estab- 
lish public  reservoirs  and  hydrants,  under  the  direction  of  the 
warden  and  burgesses;  to  regulate  the  distribution  and  use  of  said 
water,  and  establish  the  prices  to  be  paid  therefor.  Provided,  that 
in  the  regulation  of  said  water  for  all  public  uses,  said  board  shall 
be  under  the  direction  of  the  warden  and  burgesses;  to  collect  all 
water  rents,  and  pay  over  the  same  to  the  borough  treasurer,  to 
audit,  allow,  and  draw  orders  on  the  treasurer  for  the  payment  of 
all  claims  against  said  borough  on  account  of  said  water- works,  and 
generally  to  attend  to  the  construction,  supervision,  care  and  man- 
agement of  said  water-works,  and  to  exercise  any  additional  powers 
that  may  from  time  to  time  be  conferred  upon  them  by  said  borough; 
and  they  shall  keep  a  record  of  their  official  proceedings  and  render  a 
report  of  their  doings  to  said  borough,  including  a  general  exhibit 
of  the  state  of  the  works,  an  account  of  sums  required  to  be  ex- 
pended therefor,  and  such  other  matters  of  information  as  may  be 
called  for  by  the  warden  and  burgesses  at  each  annual  meeting; 
and  to  the  warden  and  burgesses  whenever  by  them  required;  and 
said  commissioner  shall  keep  regular  books  of  account. 

SEC.  4.  A  majority  of  said  commissioners  shall  constitute  a 
quorum  -for  the  transaction  of  any  of  the  business  of  said  board, 
and  all  vacancies  which  shall  occur  in  said  board,  by  death,  resig- 


'  See  Sec.  75  city  charter,  and  amendment  thereto  May  26. 1875. 


CITY    OF   NEW    BRITAIN.  65 

nation,  or  otherwise,  shall  be  filled  as  soon  as  may  be  by  the  warden 
and  burgesses. 

SEC.  5.  Whenever  disagreement  shall  be  had  between  said 
board  and  the  owner  or  owners  of  any  property  or  privileges 
which  may  be  required  for  the  purposes  of  this  act,  as  to  the 
amount  of  compensation  or  damages  to  be  paid  to  such  owner  or 
owners  for  the  same,  or  whenever  such  owner  shall  by  law  be  in- 
capable of  contracting,  or  be  absent  from  this  state,  such  compensa- 
tion or  damages  may  be  assessed  by  three  disinterested  persons, 
under  oath,  appointed  by  either  judge  of  the  supreme  court  of 
errors,  on  application  made  to  said  judge,  by  or  on  behalf  of  either 
party,  after  such  notice  shall  be  given  of  such  application,  as  said 
judge  shall  see  fit  to  prescribe,  which  said  appraisers  shall  report 
their  doings,  embracing  the  amount  of  their  assessment,  to  the 
clerk  of  the  superior  court  for  Hartford  county,  to  be  by  him  re- 
corded, and  thereupon  such  assessment  shall  be  taken  and  held  to 
be  a  final  adjustment  of  said  compensation  and  damages  between 
said  parties,  and  upon  payment  thereof,  or  deposit  of  the  same 
with  the  county  treasurer,  to  the  use  of  such  owner  or  owners, 
said  commissioners  may  proceed  with  the  construction  of  said 
works,  without  liability  to  any  further  claim  to  compensation  or 
damages. 

SEC.  6.  For  the  purpose  of  defraying  the  cost  of  construction 
of  said  water-works,  including  the  cost  of  purchase  and  the  other 
expenses  incident  thereto,  and  for  no  other  purpose  whatever,  said 
borough  is  hereby  authorized  and  empowered  to  issue  notes,  scrip, 
or  certificates  of  debt,  to  be  denominated  on  the  face  thereof, 
"  Water  Fund  of  the  borough  of  New  Britain,"  to  an  amount  not 
exceeding  in  the  whole  the  sum  of  fifty  thousand  dollars,  bearing 
interest  at  no  greater  rate  than  seven  per  cent,  per  annum,  the 
principal  of  which  shall  be  payable  at  some  certain  time  or  times, 
within  thirty  years  from  issuing  of  the  same,  and  the  amount  of 
said  notes,  scrip,  or  certificates  which  may  at  any  time  be  issued 
together  with  the  times  of  payment  of  the  principal  and  in- 
terest thereof,  and  the  rate  of  interest  shall  be  prescribed  by  said 
borough,  in  legal  borough  meeting  for  that  purpose  specially 
called  and  held,  and  said  notes,  scrip,  or  certificates  shall  be  signed 
by  the  warden  and  countersigned  by  the  treasurer  of  said  borough, 
and  shall,  when  issued,  be  obligatory  upon  said  borough  and  the 
inhabitants  thereof,  according  to  the  purport  and  tenor  of  the 
same. 


66  ACTS   RELATING   TO   WATER-WORKS   OF 

SEC.  7.  Said  board  of  water  commissioners  shall  be  the  trustees 
of  the  notes,  scrip,  or  certificates  of  debt,  issued  by  said  borough, 
shall  superintend  the  issuing  of  the  same,  and  regulate  the  partic- 
ular form  thereof,  and  after  the  same  or  any  part  thereof  shall  be 
issued,  they  may  sell  the  same,  in  such  manner  and  on  such  terms 
as  they  may  deem  best,  or  they  may  pledge  the  same  for  moneys 
borrowed  by  said  borough,  to  be  used  in  or  about  the  construction 
of  said  works.  And  said  board  shall  keep  a  record  of  all  such 
notes,  scrip,  or  certificates  issued,  disposed  of,  or  pledged,  and  all 
moneys  received  by  said  board  shall  be  by  them  paid  over  to  the 
borough  treasurer. 

SEC.  8.  The  avails  of  all  water  rents  shall  be  first  applied  to 
defraying  the  ordinary  and  current  expenses  of  said  water-works, 
after  which,  to  the  payment  of  the  interest  on  said  notes,  scrip,  or 
certificates,  and  if  there  shall  at  any  time  still  be  an  excess,  the 
borough  treasurer  shall  report  the  fact  to  the  warden  and  bur- 
gesses, who  may  direct  whether  the  same  be  applied  to  the  extin- 
guishment of  the  principal  debt  incurred  by  the  issuing  of  said 
notes,  scrip,  or  certificates,  or  to  any  other  purpose  in  connection 
with  said  works. 

SEC.  9.  In  case  the  avails  of  water  rents  in  any  year  shall  be 
inadequate  to  meet  the  current  expenses  of  said  water-works,  and 
the  interest  of  said  notes,  scrip,  or  certificates,  the  deficiency  shall 
be  supplied  by  the  laying  of  a  tax  on  the  grand  list  of  all  persons 
liable  to  borough  taxation,  which  said  tax  may  be  laid  at  any  bor- 
ough meeting  legally  called  for  that  purpose,  and  said  borough 
may  at  any  borough  meeting  for  that  purpose  specially  called  and 
held,  lay  taxes  for  the  purpose  of  paying  the  principal  debt  afore- 
said, or  any  part  thereof,  by  the  establishment  of  a  sinking  fund 
or  in  any  other  manner. 

SEC.  10.  Taxes  laid  for  the  purposes  mentioned  in  the  preced- 
ing section,  may  be  collected  in  the  same  manner  as  other  borough 
taxes,  and  any  claim  of  said  borough  for  the  use  of  water,  shall 
be  a  lien  upon  the  house,  tenement,  or  lot,  wherein,  or  in  connec- 
tion with  which,  said  water  was  used  by  the  owner  or  occupier 
thereof.  And  said  lien  may  be  foreclosed  before  any  court  having 
jurisdiction,  in  the  same  manner  as  a  mortgage  is  now  foreclosed, 
according  to  the  rules  of  equity. 

SEC.  11.  It  shall  be  the  duty  of  said  commissioners  to  desig- 
nate in  all  orders  by  them  drawn  upon  the  treasurer,  the  class  to 
which  the  same  belongs,  whether  construction  account  or  expense 


CITY   OF    NEW    BRITAIN.  67 

account,  and  the  treasurer  shall  pay  all  such  orders  from  the  appro- 
priate fund  as  established  in  the  foregoing  sections  of  this  act. 
And  such  commissioners  and  treasurer  shall  give  bonds  with  suffi- 
cient surety  for  the  faithful  performance  of  their  several  trusts  in 
such  sums  and  shall  receive  for  their  services  such  compensations 
as  the  warden  and  burgesses  shall  prescribe. 

SEC.  12.  If  any  person  shall  willfully  and  maliciously  corrupt 
the  water  in  any  reservoir,  hydrant,  aqueduct  pipe  or  other  portion 
of  said  water-works,  or  destroy  or  injure  any  portion  of  such 
works,  or  any  materials  or  property  used  or  designed  to  be  used 
in  connection  therewith,  he  shall  forfeit  and  pay  to  said  bor- 
ough treble  damages  in  an  action  of  trespass  brought  by  said 
borough,  and  such  person,  on  conviction  thereof  before  any  court 
having  jurisdiction  of  the  offense,  shall  be  punished  by  fine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  or  by  such  fine  and  imprisonment  both. 

SEC.  13.  This  act  shall  to  all  intents  and  purposes  be  a  public 
act,  and  may  be  altered,  amended,  or  repealed  by  the  general 
assembly ;  and  the  same  shall  not  go  into  effect  until  it  has  been 
accepted  by  said  borough  at  a  borough  meeting  legally  warned  for 
that  purpose,  in  conformity  with  the  provisions  of  the  by-laws  of 
said  borough  for  the  warning  of  special  meetings  thereof,  and  to 
be  held  within  two  weeks  from  the  date  of  the  passage  hereof,  at 
which  meeting  the  votes  shall  be  taken  by  ballots,  written  "yes" 
and  "no,"  and  if  two-thirds  of  the  ballots  so  cast  in  said  meeting 
shall  have  upon  the  same  the  word  "yes,"  then  this  act  shall  be  in 
full  force,  otherwise  the  same  shall  be  null  and  void;  the  boxes  to 
receive  the  ballots  aforesaid  shall  be  kept  open  on  such  day  of 
voting  from  nine  o'clock  A.  M.,  until  two  o'clock  P.  M.,  and  the 
votes  shall  be  counted  and  the  result  declared  in  the  manner  pre- 
scribed for  the  election  of  the  annual  officers  of  said  borough ;  and 
if  at  said  meeting  this  act  shall  be  accepted  by  said  borough,  said 
borough  may  thereupon  proceed  at  the  same  meeting  to  vote  upon 
the  matter  of  issuing  said  notes,  scrip,  or  certificates,  and  to  elect 
said  commissioners  and  transact  any  other  business  contemplated 
in  the  provisions  of  this  act,  provided  notice  thereof  shall  have 
been  inserted  in  the  call  for  said  meeting. 

SEC.  14.  This  act  shall  take  effect  from  the  day  of  its  accept- 
ance, in  manner  aforesaid,  by  the  said  borough  of  New  Britain. 


68  ACTS    RELATING    TO    WATER-WORKS    OF 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN  ACT  TO 
SUPPLY  THE  BOROUGH  OF  NEW  BRITAIN  WITH  WATER  FOR 
PUBLIC  AND  PRIVATE  PURPOSES." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened: 

SECTION  1.  That  the  act  entitled  "An  act  to  supply  the  boyough 
of  New  Britain  with  Water  for  public  and  private  purposes, "  passed 
at  this  session  of  the  general  assembly,  be  amended  by  the  inser- 
tion of  the  words,  "The  warden,  burgesses,  and  freemen  of,"  be- 
tween the  words  "that"  and  "the"  in  the  first  line  of  the  first 
section  of  said  act. 

SEC.  2.  This  act  shall  be  a  public  act,  and  take  effect  from  its 
its  passage. 


AMENDING  "AN  ACT  TO  SUPPLY  THE  BOROUGH  OF  NEW 
BRITAIN  WITH  WATER  FOR  PUBLIC  AND  PRIVATE 
PURPOSES." 


SECTION 

1.      Extension    of  water   pipe 
limits  authorized. 


SECTION 
2.    When  act  takes  effect. 


Resolved  by  this  Assembly  : 

SECTION  1.  'That  the  warden,  burgesses,  and  freemen  of  the 
borough  of  New  Britain  be,  and  they  hereby  are,  authorized  and 
empowered  to  extend  and  continue  their  water  pipes  to  localities 
without  the  limits  of  said  borough,  and  within  the  town  -of  New 
Britain,  and  to  supply  and  distribute  water  by  them  taken  under 
the  provision  of  said  act,  to  the  propi'ietors  or  occupants  of  such 
localities,  upon  such  terms  as  may  be  agreed  upon  between  said 
proprietors  or  occupants  and  the  proper  officers  of  said  borough; 
and  all  the  powers  and  privileges  conferred  upon  said  borough  by 
said  act,  shall  apply  to  this  act,  so  far  as  may  be  necessary  to  make 
the  same  fully  effectual  for  the  purposes  aforesaid;  provided,  that 
this  act  may  be  altered,  amended,  or  repealed  at  the  pleasure  of 
the  general  assembly. 

SEC.  2.     This  act  shall  take  effect  from  the  day  of  its  passage. 

Approved,  May  30th,  I860. 


CITY   OF    NEW    BRITAIN.  69 


AUTHORIZING  THE  BOROUGH  OF  NEW  BRITAIN  TO  ISSUE 
BONDS  FOR  PROCURING  AN  ADDITIONAL  SUPPLY  OF 
WATER. 

Resolved  by  this  Assembly  : 

That  the  warden,  burgesses,  and  freemen  of  the  borough  of  New 
Britain  are  hereby  authorized  to  take  and  hold  any  and  all  lands 
and  other  estate  that  may  be  necessary  for  laying  an  additional 
pipe  from  the  present  reservoir  of  the  water  works  to  the  said 
borough,  said  land  and  other  estate  to  be  taken,  held  and  compen- 
sation to  be  made  in  the  manner  provided  in  the  "Act  to  supply 
the  borough  of  New  Britain  with  water  for  public  and  private 
purposes." 

Resolved  further,  That  for  the  purpose  of  defraying  the  cost  of 
laying  such  additional  main  pipe,  and  other  expenses  incident  to 
the  construction  and  completion  of  said  water  works,  and  for  said 
purpose  only,  said  borough  is  hereby  authorized  and  empowered 
to  issue  notes,  scrip  or  certificates  of  debt,  to  be  denominated  on 
the  face  thereof,  the  "  Water  Fund  of  the  Borough  of  New  Brit- 
ain, second  series,"  to  an  amount  not  exceeding  in  the  whole  the 
sum  of  seventy-five  thousand  dollars,  bearing  interest  at  no  greater 
rate  than  seven  per  cent,  per  annum,  the  principal  of  which  shall 
be  payable  at  some  certain  time  or  times  within  thirty  years  from 
issuing  the  same,  and  the  amount  of  said  notes,  scrip,  or  certifi- 
cates which  may  at  any  time  be  issued,  together  with  the  times 
of  payment  of  the  principal  and  interest  thereof,  and  the  rate  of 
interest  shall  be  prescribed  by  said  borough  in  legal  meeting  for 
that  purpose  called  and  held,  and  said  notes,  scrip  or  certificates 
shall  be  signed  by  the  warden  and  countersigned  by  the  treasurer 
of  said  borough,  and  shall,  when  issued,  be  obligatory  upon  said 
borough  and  the  inhabitants  thereof  according  to  the  tenor  of  the 
same  ;  and  the  water  commissioners  of  said  borough  shall  have 
the  same  interest  in,  and  power  over  said  bonds  for  the  purposes 
aforesaid,  which  they  now  have  by  law  in  and  over  bonds  hitherto 
issued  pursuant  to  the  charter  of  said  water- works:  provided,  that 
this  act  shall  not  take  effect,  until  approved  by  a  majority  of  the 
legal  voters  of  said  borough,  at  a  meeting  duly  warned  and  held 
for  that  purpose. 

Approved,  July  llth,  1867. 


70  ACTS    RELATING   TO    WATER- WORKS    OF 


AUTHORIZING  THE  ISSUE  OF  BALANCE  OF  BONDS  HERETO 
FORE  AUTHORIZED  BY  THE  BOROUGH  OF  NEW  BRITAIN 
BY  THE  CITY  OF  NEW  BRITAIN. 

Whereas,  the  general  assembly  of  the  state  of  Connecticut,  at  the 
May  session  thereof,  in  the  year  1867,  did  pass  a  resolution 
authorizing  the  community,  then  known  as  the  warden,  bur- 
gesses, and  freemen  of  the  borough  of  New  Britain,  to  issue 
notes,  scrip,  or  certificates  of  debt,  to  the  amount  of  seventy- 
five  thousand  dollars  for  the  purposes  of  aiding  in  the  construc- 
tion and  completion  of  the  water  works  of  said  New  Britain : 
and  whereas,  said  community  did  accept  said  resolution,  as 
provided  therein,  and  has  duly  issued  bonds  pursuant  thereto, 
to  the  amount  of  fifty  thousand  dollars  :  and  whereas  said  com- 
munity, now  known  as  the  city  of  New  Britain  is  desirous  of 
issuing  the  amount  of  bonds  remaining  to  be  issued,  under  the 
original  grant  of  authority  aforesaid, 

Resolved   by   this   Assembly: 

That  said  city  of  New  Britain  is  hereby  authorized  to  issue 
its  notes,  scrip,  or  certificates  of  debt  to  the  amount  of  twenty- 
five  thousand  dollars,  to  be  denominated  on  the  face  thereof  the 
Water  Fund  of  the  City  of  New  Britain,  and  to  be  signed  by  the. 
mayor  and  countersigned  by  the  treasurer  of  said  city,  but  to  be 
in  all  other  respects  conform  atory  to  the  provisions  of  the  orig- 
inal resolution  accepted  as  aforesaid. 

Approved,  June  16th,  1871. 


AUTHORIZING    THE    CITY    OF    NEW  BRITAIN  TO    ISSUE  ADDI- 
TIONAL WATER  BONDS. 

Resolved  by  this  Assembly  : 

That  for  the  purpose  of  defraying  the  cost  and  expenses  inci- 
dent to  the  construction,  completion,  and  extension  of  the  water- 
works of  the  city  of  New  Britain,  and  for  said  purpose  only,  the 
said  city  of  New  Britain  is  hereby  authorized  and  empowered  to 
issue  notes,  scrip,  or  certificates  of  debt,  to  be  denominated  on  the 
face  thereof,  the  Water  Fund  of  the  City  of  New  Britain,  third 


CITY   OF    NEW    BRITAIN.  71 

series,  to  an  amount  not  exceeding,  in  the  whole,  the  sum  of 
seventy-five  thousand  dollars,  ($75,000,)  bearing  interest  at  no  great- 
er rate  than  seven  per  cent,  per  annum,  the  principal  of  which 
shall  be  payable  at  some  certain  time  or  times  within  thirty 
years  from  issuing  the  same,  and  the  amount  of  said  notes, 
scrip,  or  certificates,  which  may  at  any  time  be  issued,  together 
with  the  times  of  payment  of  the  principal  and  interest  thereof  ; 
and  the  rate  of  interest  shall  be  prescribed  by  said  city,  in 
legal  meeting  for  that  purpose  called  and  held,  and  said  notes, 
scrip,  or  certificates,  shall  be  signed  by  the  mayor,  and  counter- 
signed by  the  treasurer  of  said  city,  and  shall,  when  issued, 
be  obligatory  on  said  city  and  the  inhabitants  thereof,  accord- 
ing to  the  tenor  of  the  same  ;  and  the  water  commissioners 
of  said  city  shall  have  the  same  interest  in  and  power  over 
said  bonds  for  the  purposes  aforesaid,  which  they  now  have,  by 
law,  over  the  bonds  commonly  known  as  "water  bonds,"  hitherto 
issued  by  the  borough  and  the  city  of  New  Britain,  under  the 
various  acts  authorizing  the  same  :  provided,  that  this  act  shall 
not  take  effect  until  approved  by  a  majority  of  the  legal  voters 
of  said  city,  at  a  meeting  duly  warned  and  held  for  that  purpose. 
Approved,  July  1st,  1873. 


AN  ACT  IN  RELATION  TO  APPEALS  AND  ASSESSMENTS  MADE 
BY  THE  BOARD  OF  STREET  COMMISSIONERS  OF  THE 
CITIES  OF  HARTFORD  AND  NEW  BRITAIN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened: 

All  appeals  now  taken,  or  which  may  hereafter  be  taken  from 
any  appraisal  of  damages,  or  assessment  of  benefits  made  by  the 
board  of  street  commissioners  of  the  city  of  Hartford,  and  .the 
city  of  New  Britain,  to  the  judge  of  the  court  of  common  pleas 
for  the  county  of  Hartford,  and  which  shall  be  pending  at  the 
time  of  the  completion  of  the  term  of  service  of  such  judge, 
shall  be  heard  and  disposed  of  as  fully  and  completely  by  the 
successor  of  such  judge  as  said  appeals  might  have  been  by  the 
judge  to  whom  they  were  originally  taken. 

Approved,  June  18th,  1875. 


ORDINANCES, 


STANDING  RULES  OF  THE  COMMON  COUNCIL 


10 


ORDINANCES. 


CHAPTER  I. 


ACCOUNTS  AND  CLAIMS. 


SECTION 


1.  Binding  only  when  contracted  by  au- 

thorized persons. 

2.  Hills  to  contain  items  and  dates. 

3.  Auditor  to  draw  orders  only  on  vote  of 

Council. 

4.  Treasurer  must  have  written  order  of 

Auditor. 

5.  Order  of  paying  orders  and  receipts  for 

money  received. 

6.  Claims  to  be  certified  to  by  City  Attor- 

ney. 


SECTION 

7.  Claims  to  be  certified  to  by  City  Clerk. 

8.  City  Clerk  to  keep  record  of  accounts 

due  city. 

9.  City  Clerk  to  render  to  Council  monthly 

statements  of  accounts  due. 

10.  Auditor,  duties  of. 

11.  Sinking  Fund  Committee,  how  consti- 

tuted, and  their  duties. 

12.  Use  of  funds  of  sinking  fund,  how 

limited. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  No  account  shall  be  contracted  in  behalf  of  said  city, 
or,  if  contracted,  shall  be  of  any  binding  force,  unless  the  person 
so  contracting  be  duly  authorized  by  the  charter  of  the  city,  or 
some  order  or  ordinance  of  the  Common  Council,  or  by  the  com- 
mittee of  supplies  thereof. 

SEC.  2.  No  bills  presented  against  said  city  shall  be  approved, 
or  paid,  unless  the  same  shall  have  been  legally  contracted,  nor 
unless  they  shall,  so  far  as  may  be,  contain  detailed  items  and 
dates. 

SEC.  3.  No  order  shall  be  drawn  by  the  Auditor  upon  the 
Treasurer  without  a  previous  vote  of  the  Common  Council  author- 
izing the  same,  and  the  only  evidence  of  such  authority  shall  be 
a  certified  copy  of  such  vote,  which  it  shall  be  the  duty  of  the 
City  Clerk  to  deliver  forthwith  to  the  Auditor.  All  orders  so 
drawn  shall  specify  the  nature  of  the  claims  for  which  they  are 
respectively  drawn. 

SEC.  4.  No  money  shall  be  paid  from  the  city  treasury  except 
upon  the  written  order  of  the  Auditor,  specifying  the  nature  of 


76  ORDINANCES   OF   THE   CITY   OF   NEW    BRITAIN. 

the  claim,  and  any  payment  otherwise  made  shall  not  be  binding 
upon  said  city  :  provided,  however,  that  notes  of  said  city,  payable 
at  bank,  or  interest  on  city  notes,  scrip,  or  certificates  of  debt,  may 
be  paid  by  the  City  Treasurer. 

SEC.  5.  The  Treasurer  shall  pay  all  orders  so  drawn  in  the 
order  in  which  they  shall  be  presented.  Whenever  any  money 
shall  be  paid  into  the  treasury  of  said  city,  the  Treasurer  shall 
execute  duplicate  receipts  therefor,  one  of  which  shall  be  delivered 
to  the  party  paying  said  money,  and  the  other  deposited  immedi- 
ately with  the  City  Clerk. 

SEC.  6.  All  claims  accruing  against  said  city  by  reason  of 
judicial  proceedings,  previously  had,  shall  be  certified  by  the 
City  Attorney  to  be  correct  before  being  acted  upon  by  the 
Common  Council. 

SEC.  7.  All  claims  against  said  city  for  damages,  in  consequence 
of  any  public  improvement,  shall  be  certified  by  the  City  Clerk 
to  be  in  accordance  with  the  original  award  of  damages  on  file 
in  his  office  before  being  acted  upon  by  the  Common  Council, 
and  shall  then  be  acted  upon  in  the  same  manner  as  other  bills 
against  the  city.  In  case  any  person,  in  whose  favor  such  bill 
for  damages  is  passed,  shall  refuse  to  accept  the  order  drawn 
therefor,  the  Auditor  shall  forward  such  order  to  the  Treasurer, 
who  shall  thereafter  pay  the  same  on  demand  of  the  person  in 
whose  favor 'it  was  drawn. 

SEC.  8.  It  shall  be  the  duty  of  the  City  Clerk  to  keep  a  record, 
in  books  provided  specially  for  that  purpose,  of  all  accounts  due 
said  city  from  any  and  every  source,  excepting  water  rents,  and 
fines,  etc.,  at  the  police  and  city  courts ;  and  to  obtain  from  the 
Mayor,  City  Attorney,  Street  Commissioner,  Chief  of  Police,  and 
the  chairmen  of  the  various  committees,  and  all  other  officers  of 
said  city,  all  necessary  information,  in  relation  to  accounts  due 
the  city,  that  may  come  to  their  knowledge  ;  and  it  shall  be  the 
duty  of  the  herein-named  officers,  on  application,  to  give  to  the 
Clerk  said  necessary  information. 

SEC.  9.  It  shall  be  the  duty  of  the  City  Clerk  to  render  to  the 
Common  Council  monthly  statements,  in  detail,  of  all  accounts  due 
said  city,  except  accounts  due  for  city  taxes,  water  rents,  and  fines, 
etc.,  connected  with  the  city  and  police  courts,  and  to  put  all  bills 
due  the  city  into  the  hands  of  the  Chief  of  Police  for  collection. 

SEC.  1 0.     It  shall  be  the  duty  of  the  Auditor  to  audit,  annually, 


ORDINANCES    OP  THE   CITY   OF   NEW   BRITAIN. 


77 


the  accounts  of  every  city  officer,  or  other  person,  who  receives 
funds  on  account  of  said  city,  except  the  accounts  of  the  Treasurer. 

SEC.  11.  The  Mayor,  Senior  Alderman,  and  Treasurer  of  said 
city,  and  their  successors,  shall,  ex-officio,  be  a  committee,  to  be 
known  as  the  Sinking  Fund  Committee,  whose  duty  it  shall  be  to 
receive,  manage,  and  invest  any  funds  that  are  now,  or  may  here- 
after be,  appropriated  to  any  sinking  fund  for  the  extinguish- 
ment of  any  indebtedness  or  liability  of  said  city,  and  said  com- 
mittee shall  report,  annually,  to  the  Council,  at  its  first  meeting 
in  April,  the  condition  of  all  such  sinking  funds,  and  the  invest- 
ment thereof,  and  such  report  shall  be  printed  with  the  annual 
reports  of  the  Mayor  and  the  several  departments. 

SEC.  12.  The  funds  belonging  to  any  sinking  fund  of  said  city 
shall  not  be  used  for  any  other  purpose,  except  that  for  which  said 
funds  were  particularly  set  apart  and  appropriated. 


CHAPTER  II. 

AMUSEMENTS. 


SECTION 

1.  Licenses  required  forpublicexhibitions. 

2.  License  required  for  billiard  tables  and 

bowling  alleys  kept  for  hire. 

3.  License  committee  to  issue  licenses  re- 

quired by  two  previous  sections. 

4.  License  fee,  to  whom  paid. 

5.  Penalty  for  letting  public  halls  for  un- 

licensed exhibitions. 


SECTION 

6.  What  shall  be  deemed  a  public  hall. 

7.  City  Clerk,  clerk  of  license  committee 

to  keep  a  record  of  licenses  and  money 
received. 

8.  License  fees  to  be  fixed  by  license  com- 

mittee. 

9.  City  Attorney  to  prosecute  violations 

of  this  ordinance. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  Every  person  who  shall,  without  obtaining  a  license 
from  the  Common  Council,  or  the  committee  appointed  by  them 
for  that  purpose,  make,  or  knowingly  aid,  or  assist  in  making,  a 
public  display  of  any  sport,  amusement,  performance,  concert, 
opera,  or  other  public  exhibition,  within  the  limits  of  said  city, 
shall  forfeit  and  pay  a  penalty  of  not  less  than  five  nor  more  than 
one  hundred  dollars  for  each  offense,  and  each  separate  exhibition 
shall  be  deemed  a  separate  offense  within  the  meaning  of  this 
ordinance. 

SEC.  2.     Any  person  who  shall  keep  and   use,  or  suffer  to  be 


78  ORDINANCES    OP   THE   CITY   OF   NEW   BRITAIN. 

kept  and  used,  for  hire,  in  any  premises  occupied  by  him  or 
under  his  control,  in  said  city,  any  billiard  table,  or  bowling 
alley,  without  a  proper  license  in  force  therefor,  shall  forfeit  and 
pay  a  penalty  of  five  dollars  for  each  offense,  and  a  like  penalty 
for  every  day  during  which  such  table  or  alley  is  so  used. 

SEC.  3.  The  committee  on  licenses  of  the  Common  Council 
shall  have  power,  unless  otherwise  directed  by  said  Council,  to 
grant  written  licenses,  to  be  issued  as  provided  in  section  seven  of 
this  ordinance,  to  persons  applying  for  the  same,  for  keeping 
for  hire  billiard  tables  or  bowling  alleys,  and  for  the  exhibition 
of  any  such  sport,  public  amusement,  concert,  opera,  or  other 
performance,  as  they,  the  said  committee,  shall  consider  proper 
to  be  licensed,  and  for  such  time  as  they  shall  deem  fit,  which 
license  may,  at  any  time,  be  revoked  by  the  said  committee,  or 
by  the  Common  Council. 

SEC.  4.  Such  person,  applying  as  aforesaid,  shall  pay  to  the 
clerk  of  said  committee,  for  the  use  of  said  city,  such  license  fee 
as  the  said  committee  shall  deem  proper  to  fix,  and  said  decision 
shall  be  subject  to  revision  by  the  Common  Council,  which  may 
lessen  or  increase  the  same. 

SEC.  5.  No  corporation  or  person,  being  the  owner,  proprietor, 
agent,  or  janitor  of  any  public  hall  in  said  city,  shall  permit  such 
hall  to  be  used  for  the  purpose  of  giving  any  concert,  opera,  play, 
or  other  public  amusement  or  exhibition,  without  having  first 
received,  from  the  proprietor  or  agent  of  such  concert,  opera, 
play,  or  other  amusement  or  exhibition,  as  aforesaid,  a  license,  in 
writing,  from  the  committee  on  licenses,  and  any  person  who 
shall,  by  so  doing,  offend  against  this  ordinance,  shall  forfeit  and 
pay  a  penalty  of  twenty-five  dollars  for  each  offense. 

SEC.  6.  Every  place  in  said  city  wherein  any  public  amuse- 
ment, concert,  opera,  play,  or  other  public  exhibition  shall  be 
held,  shall  be  deemed  a  public  hall,  within  the  meaning  of  this 
ordinance. 

SEC.  7.  The  City  Clerk  shall  be  clerk  of  said  committee  on 
licenses,  and,  under  their  direction,  shall  issue  all  licenses  granted 
"by  said  committee,  and  shall  pay  over  all  moneys  received  therefor 
to  the  City  Treasurer,  as  often  as  once  a  month,  and  shall  keep  a 
record  of  all  licenses  so  issued,  together  with  the  date  thereof,  the 
name  of  the  licensee,  to  whom  given,  the  amount  of  money  received 
therefor,  and  the  name  or  style  of  the  exhibition  licensed,  which 
date,  price,  and  name  of  license  and  exhibition  shall  also  appear 


ORDINANCES   OF  THE   CITY   OP   NEW   BRITAIN. 


79 


on  the  face  of  the  license,  and  it  shall  be  the  duty  of  the  owner, 
proprietor,  agent,  or  janitor  receiving  any  such  license,  to  return 
the  same  to  the  clerk  of  said  committee  as  often  as  once  in  three 
months,  to  be  by  him  examined  and  lodged  on  file,  together  with 
such  record,  in  the  office  of  the  City  Clerk  ;  but  said  clerk  shall 
not  be  entitled  to  receive  from  the  city  any  extra  compensation 
for  services  rendered  to  said  committee. 

SEC.  8.  It  shall  be  the  duty  of  the  said  committee  to  adopt,  for 
their  guidance,  a  tariff  of  license  fees  adapted  to  the  different  grades 
and  classes  of  exhibitions,  from  which  they  shall  deviate  only  under 
circumstances  appealing  to  their  sound  discretion. 

SEC.  9.  All  violations  of  this  ordinance  shall  be  forthwith  re- 
ported to  the  City  Attorney  for  prosecution. 


CHAPTER  III. 

BILLS,  PLACARDS,  AND  NOTICES. 


SECTION 

1.  Posting  of,  on  buildings,  without  con- 

sent, forbidden. 

2.  License  committee  may  license  erection 

of  bill-boards,  etc. 


SECTION 

3.    Penalty  for  tearing  down  bills  lawfully 
posted. 


Be  it  ordained  ly  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  No  person  shall  post  up,  or  in  any  manner  affix,  any 
bill,  placard,  or  notice,  either  written  or  printed,  upon  any  fence, 
bridge,  wall,  or  post,  or  private  bulletin-board,  or  upon  any  build- 
ing in  said  city,  without  the  previous  consent  of  the  occupant  or 
owner  thereof  ;  nor  upon  any  building,  sidewalk,  curbstone,  tree, 
fence,  or  post  belonging  to  said  city,  without  the  consent  of  the 
Common  Council ;  and  any  person  offending  against  any  pro- 
vision of  this  section,  shall  forfeit  and  pay  a  penalty  of  not  less 
than  five  nor  more  than  fifteen  dollars  for  each  offense. 

SEC.  2.  It  shall  be  lawful  for  the  license  committee  of  the 
Common  Council,  for  a  reasonable  fee,  to  authorize  any  person, 
pursuing  the  calling  of  a  bill-poster,  to  erect  in  the  streets  of  said 
city,  at  such  points  and  in  such  manner  as  the  nuisance  committee 
shall  approve,  boards  or  posts  upon  which  to  post  bills  and  notices, 
in  the  exercise  of  his  calling. 


80  ORDINANCES    OP   THE    CITY    OP    NEW   BRITAIN. 

SEC.  3.  Any  person,  who  shall  tear  down,  remove,  or  deface 
any  written  or  printed  bill,  placard,  or  notice,  posted  up  in  con- 
formity with  this  ordinance,  shall  forfeit  and  pay  a  penalty  of  not 
less  than  one  nor  more  than  ten  dollars  for  each  offense. 


OHAPTEE  IY. 

CONTRACTS. 

SECTION  |  SECTION 

1.  For  labor  and  materials.  3.    How  assigned. 

2.  Proposals  for,  to  be  advertised. 

Be  it  ordained  ly  the  Common  Council  of  the  City  of  New  Britain: 

SECTION  1.  Whenever  the  Street  Commissioner,  or  the  Water 
Commissioners,  or  any  other  officer  of  said  city,  having  charge  of 
any  public  improvements,  shall  judge  it  to  be  for  the  interest  of  the 
city,  such  commissioner,  commissioners,  or  other  officer  in  charge, 
may  make  contracts  for  labor  and  materials  for  such  public  improve- 
ments, and  such  contracts,  when  ratified  by  the  Common  Council, 
shall  be  valid  and  binding  on  said  city,  and  all  contracts  for  such 
labor  and  materials  shall  be  in  writing  and  executed  in  triplicate, 
of  which  one.  shall  be  kept  by  the  commissioner,  commissioners,  or 
other  officer  aforesaid,  one  delivered  to  the  City  Clerk,  and  kept 
on  file,  and  one  retained  by  the  contractor:  and  no  such  commis- 
sioner, commissioners,  or  other  officer  having  charge  of  any  public 
improvements,  shall  have  any  interest,  direct  or  indirect,  in  any 
contract  relating  thereto:  nor  shall  such  contract  be  executed,  un- 
less good  and  satisfactory  security  for  the  faithful  performance  of 
the  same  shall  be  given  by  the  contractor,  and  approved  by  said 
commissioner,  commissioners,  or  other  officer  in  charge. 

SEC.  2.  The  said  commissioner,  commissioners,  or  other  officer 
in  charge  as  aforesaid,  when  not  otherwise  specially  authorized  by 
the  Common  Council,  shall  advertise  in  one  or  more  newspapers  in 
said  city,  for  sealed  proposals  for  all  such  contracts,  specifying  the 
time  and  place,  when  and  where  the  same  shall  be  received  :  and 
such  proposals,  in  order  to  be  received  and  acted  upon,  shall  set 
forth  a  specified  sum  or  price  to  be  paid  for  all  such  labor  and 
materials,  without  condition,  limitation,  or  alteration,  and  shall  be 


ORDINANCES    OF   THE    CITY    OF    NEW    BRITAIN. 


81 


accompanied  with  a  bond  with  satisfactory  sureties,  payable  to  the 
Mayor  and  his  successors  in  office,  conditioned  for  the  faithful 
execution  of  the  proposal,  if  the  same  shall  be  accepted  in  behalf 
of  the  city. 

SEC.  3.  No  such  contract  shall  be  assigned  or  transferred,  with- 
out the  written  assent  of  the  Mayor,  and  the  officer  or  officers  hav- 
ing charge  of  the  public  improvement  to  which  such  contract  relates. 


CHAPTER  V. 

DOGS. 


SECTION        » 

1.  To  wear  a  collar  with  owner's  name 

thereon. 

2.  When  required  to  be  muzzled. 

3.  Penalty   for  violating  ordinance  rela- 

tive to. 


SECTION 

4.    Duty  of  policemen  and  rights  of  other 
persons  in  relation  to. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  Any  dog  found  at  large  at  any  time  within  the 
limits  of  said  city,  without  a  collar  having  the  owner's  name  dis- 
tinctly marked  thereon,  shall  be  killed. 

SEC.  2.  Any  dog  found  at  large  within  the  limits  of  said  city, 
between  the  first  day  of  July  and  the  first  day  of  October,  in  any 
year,  not  securely  muzzled,  shall  be  killed. 

SEC.  3.  The  owner  or  keeper  of  any  dog,  who  shall  allow  the 
same  to  go  at  large  in  violation  of  this  ordinance,  shall  forfeit  and 
pay  a  penalty  of  not  more  than  twenty  dollars  for  each  offense. 

SEC.  4.  It  shall  be  lawful  for  any  person,  and  shall  be  the  duty 
of  every  policeman  of  said  city,  to  kill  any  dog  found  at  large  in 
violation  of  the  provisions  of  this  ordinance. 


11 


82 


ORDINANCES  OP  THE   CITY   OP   NEW   BRITAIN. 


CHAPTER  VT. 

FIRE. 


1.  Fire  Department,  of  what  to  consist. 

2.  Chief  and  Assistant   Engineer,    when 

and  how  chosen, 

3.  Chief  Engineer,  duties  of. 

4.  Assistant  Engineer,  duties  of. 

5.  Manufacturing  establishments,  by 

whom  and  how  often  to  be  visited. 

6.  Chief  and  Assistant  Engineers,  power 

and  authority  of. 

7.  Companies,  of  how  many  men  to  con- 

sist, residence  and  appointment. 

8.  Company  officers,  and  how  appointed. 

9.  Foremen,  duties  of. 

10.  Clerk,  duties  of. 

11.  Companies,  seniority  of. 

12.  Compensation  of  members  of. 

13.  Fire  police  and  special  hose  companies, 

compensation  of. 

14.  Pay-roll,  when  and  how  made. 

15.  Companies,  when  and  how  called  out 

for  exercise. 

16.  Firemen,  duties  of  in  going  to,  at,  and 

returning  from  fires. 

17.  Fire  police,  duties  of. 

18.  False  alarms,  penalty  for. 

19.  Engines  and  carriages  not  allowed  on 

sidewalks. 


SECTION 

20.  Company  house,  how  to  be  used. 

21.  Cards,  spirituous  liquors,  and  opening 

of  houses  on  the  Sabbath,  forbidden. 

22.  Boys,  not  to  run  with  fire  companies. 

23.  Certificates  of  honorary  membership. 

24.  Deposit  required  for  badge. 

25.  Badges,  how  worn. 

26.  Badges,  when  and  to  whom  returned. 

27.  Lost  badges  to  be  advertised. 

28.  Excursions,  conditions  of. 

29.  Ladders,  &c.,  penalty  for  removing. 

30.  Dismissal  of  members. 

31.  Annual  parade. 

32.  Fire  escapes  and  alterations  of  unsafe 

buildings. 

33.  Lights,  matches,  &c.,  in  barns  and 

stables. 

34.  Fire-crackers  and  bonfires,  regulations 

respecting. 

35.  Discharging  fire-arms  within  city  limits. 

36.  Fire-works,  discharge  of  to  the  annoy- 

ance of  any  one. 

37.  Parent   or   guardian,  when  liable  for 

breach  of  sec.  36. 

38.  Fire  limits,  area  of. 


Be  it  ordained  ~by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  The  Fire  Department  of  said  city  shall  consist  of  a 
Chief  Engineer  and  one  Assistant  Engineer,  one  fire  police  com- 
pany, and  such  number  of  engine,  hose,  and  hook  and  ladder 
companies,  as  the  Common  Council  shall  deem  necessary  to  organ- 
ize and  establish. 

SEC.  2.  The  Chief  Engineer  and  Assistant  Engineer  shall  be 
chosen,  annually,  in  the  month  of  May,  by  the  Common  Council,  and 
shall  hold  their  offices  until  others  are  appointed  in  their  stead,  and 
the  Chief  Engineer  shall  be  required  to  give  bonds  with  sureties,  in 
the  sum  of  one  thousand  dollars,  for  the  faithful  performance  of 
his  duty  as  prescribed  in  this  ordinance. 

SEC.  3.  The  Chief  Engineer  shall  have  the  superintendence,  care 
and  direction  of  the  fire  engines,  hose  carts,  hook  and  ladder 
trucks,  hose,  and  all  other  fire  apparatus  belonging  to  said  city; 
shall  see  that  the  same,  with  the  houses  in  which  they  are  stored, 


ORDINANCES   OP  THE   CITY   OP   NEW   BRITAIN.  83 

and  the  fire  hydrants  belonging  to  the  city  are  kept  in  good  order 
and  repair,  and  ready  for  immediate  use;  shall  procure  all  such  in- 
struments for  extinguishing  fires,  and  such  other  necessary  sup- 
plies as  the  Common  Council,  through  the  committee  on  Fire 
Department,  shall  from  time  to  time  direct;  shall  see  that  all  such 
instruments  and  supplies,  including  hydrants,  hose,  hose -couplings, 
wrenches,  and  all  fittings  and  connections,  are  of  proper  size,  kind, 
and  quality,  and  adapted  to  each  other,  and  in  conformity  with  the 
standard  adopted  by  the  Common  Council;  shall  have  the  sole  com- 
mand at  fires  over  the  Assistant  Engineer,  and  all  other  members  of 
the  Fire  Department,  and  all  other  persons  present  at  fires,  and  shall 
direct  all  proper  measures  for  the  extinguishment  of  fires,  protection 
of  property,  preservation  of  order,  and  the  observance  of  all  laws, 
ordinances,  and  regulations  respecting  fires,  and  whenever  at  any 
fire  it  shall  be  deemed  necessary  by  the  Chief  Engineer  to  pull  down 
or  demolish  any  building,  in  order  to  prevent  the  spreading  of  fire, 
he  shall  order  the  same  to  be  done,  having  first  obtained  the  con- 
sent of  the  Mayor,  or  in  his  absence  that  of  the  senior  Alderman. 
He  shall  also  keep,  or  cause  to  be  kept,  fair  and  exact  rolls  of  the 
respective  companies,  specifying  the  name,  age,  occupation,  and 
residence,  and  the  date  of  enlistment  and  discharge  of  each  mem- 
ber of  said  department ;  shall  keep  an  account  of  all  fires  occurring 
in  said  city,  and  shall  report,  annually,  to  the  Common  Council  at 
its  first  meeting  in  April,  all  fires  that  have  occurred  during  the 
previous  year,  and  the  cause,  or  supposed  cause  of  such  fires,  and 
the  estimated  damage  in  each;  and  such  report  shall  be  accompanied 
with  a  full  inventory  of  all  property  belonging  to  said  department, 
and  with  such  recommendations  as  he  shall  deem  important,  and 
he  shall  perform  such  other  duties  connected  with  said  department 
as  the  Common  Council  may  from  time  to  time  require. 

SEC.  4.  It  shall  be  the  duty  of  the  Assistant  Engineer  to  assist 
the  Chief  Engineer  in  the  discharge  of  his  duties,  to  receive  and 
communicate  his  orders  at  a  fire,  and  see  that  they  are  executed, 
and  in  the  absence  of  the  Chief  Engineer,  his  duties  and  powers  in 
case  of  fire  shall  devolve  upon  the  Assistant  Engineer,  with  the 
assistance  of  the  foreman  of  the  senior  hose  company  present  at 
such  fire. 

SEC.  5.  It  shall  be  the  duty  of  the  Chief  Engineer  and  Assistant 
Engineer  to  visit  the  different  manufacturing  establishments  located 
in  said  city,  as  often  as  twice  a  year,  and  ascertain  the  location  of 
all  gates,  hydrants,  water  pipes,  hose  and  connections  on  said 


84  ORDINANCES   OP   THE   CITY   OF   NEW   BRITAIN. 

premises,  and  make  record  thereof  if  deemed  necessary;  to  acquaint 
themselves  with  all  means  in  use  by  said  manufacturing  establish- 
ments for  the  prevention  or  extinguishment  of  fires,  and  to  make 
such  suggestions  to  the  proprietors  as  they  may  deem  necessary, 
to  more  effectually  provide  means  of  access  to,  or  escape  from  any 
building  in  case  of  fire,  so  as  to  prevent  loss  of  life,  and  more 
effectually  protect  the  property  therein. 

SEC.  6.  The  Chief  Engineer  and  Assistant  Engineer  shall  sever 
ally  have  all  power  and  authority  necessary  to  preserve  order  and 
enforce  their  commands  at  a  fire,  and  may  use  such  force  and 
command,  and  require  the  aid  and  assistance  of  such  person  or 
persons  as  may  be  necessary  for  that  purpose. 

SEC.  7.  The  several  fire  companies  shall  consist  of  the  following 
number  of  men,  viz  :  fire  police  company,  12  men  ;  hose  com- 
panies, 12  men  each  ;  hook  and  ladder  companies,  20  men  each  ; 
and  one  engineer,  one  fireman,  and  one  driver  for  each  steam  fire 
engine.  All  members  of  said  companies  shall  reside  within  the 
city  limits,  and  shall  be  appointed  by  the  Common  Council  upon 
the  recommendation  of  the  Chief  Engineer  and  committee  on  Fire 
Department,  but  no  person  under  the  age  of  twenty-one  years  shall 
be  a  member  of  any  of  said  companies,  nor  shall  any  enlistment 
be  allowed  for  a  less  term  than  six  months. 

SEC.  8.  The  fire  police  company,  and  each  hose  and  hook  and 
ladder  company,  shall  have  a  foreman,  one  assistant  foreman,  and 
a  clerk,  who  shall  be  appointed  from  their  own  number  by  the 
Common  Council,  upon  the  recommendation  of  the  Chief  En- 
gineer, and  receive  certificates  of  their  appointment,  signed  by 
the  Mayor,  and  hold  their  offices  for  one  year,  or  until  they  are 
removed  and  others  are  appointed  in  their  stead. 

SEC.  9.  Foremen  of  companies  shall  see  that  the  apparatus 
committed  to  their  care,  the  buildings  in  which  the  same  are 
housed,  and  all  articles  in  or  belonging  to  the  same,  are  kept 
neat  and  clean  ;  shall  preserve  order  and  discipline  at  all  times  in 
their  respective  companies,  and  enforce  strict  compliance  with 
the  by-laws  of  the  company  and  the  regulations  of  the  depart- 
ment. 

SEC.  10.  The  clerk  of  each  company  shall  keep  in  a  book,  to  be 
provided  by  the  Common  Council,  a  true  and  exact  roll  of  the  offi- 
cers and  members  of  such  company,  specifying  the  name,  age,  occu- 
pation, and  residence,  and  date  of  the  enlistment  and  discharge  of 
each  member;  shall  keep  a  faithful  record  of  the  delinquencies  and 


ORDINANCES    OP   THE   CITY    OP   NEW   BRITAIN.  85 

fines  of  members,  and  furnish  copies  of  the  same  to  the  Chief  Engi- 
neer on  the  first  days  of  January  and  July  in  each  year,  which  being 
found  and  certified  by  him  to  be  correct,  shall  be  returned  to  the 
City  Clerk,  to  be  kept  on  file  ;  and  all  company  books  and  papers, 
in  the  possession  of  any  clerk,  shall  be  deemed  the  property  of  the 
city,  and  shall  be  by  him  surrendered  to  the  Chief  Engineer,  when 
so  ordered  by  the  Common  Council  ;  and  any  clerk  refusing  to 
deliver  said  books  and  papers,  when  so  ordered,  shall  forfeit  and 
pay  a  penalty  of  twenty  dollars. 

SEC.  11.  'The  seniority  of  each  company  in  the  Fire  Depart- 
ment shall  be  as  follows,  to  wit :  Hose  Company  No.  1,  Hose 
Company  No.  2,  Hook  and  Ladder  Company,  Hose  Company 
No.  3 — the  several  officers  in  said  companies  taking  rank,  and 
assuming  command  as  provided  in  this  ordinance. 

SEC.  1 2.  There  shall  be  paid  to  the  several  members  of  the 
Fire  Department,  who  shall  faithfully  perform  their  respective 
duties,  the  following  compensation,  to  wit :  To  the  Chief  En- 
gineer, at  the  rate  of  three  hundred  dollars  per  annum  ;  to  the 
Assistant  Engineer,  at  the  rate  of  one  hundred  dollars  per  annum ; 
to  the  engineer  of  each  steam  fire  engine,  at  the  rate  of  two  hund- 
red and  fifty  dollars  per  annum  ;  and  to  the  fireman  of  the  same, 
at  the  rate  of  one  hundred  dollars  per  annum  ;  and,  except  as 
otherwise  provided  in  this  ordinance,  to  the  foreman  of  each  com- 
pany, at  the  rate  of  sixty  dollars  per  annum,  to  each  assistant  fore- 
man at  the  rate  of  fifty  dollars  per  annum,  and  to  every  other 
member  of  a  company  at  the  rate  of  forty  dollars  per  annum.  But 
no  person  shall  be  entitled  to  any  portion  of  the  compensation 
hereby  provided,  until  he  has  served  in  said  department  for  six 
months  at  least,  nor  until  the  time  appointed  for  the  payment  of 
the  same,  in  the  fourteenth  section  of  this  ordinance ;  and  if,  at  the 
time  such  compensation  becomes  payable,  any  member  of  said  de- 
partment shall  have  incurred  any  penalty,  fine,  or  forfeiture,  for 
the  violation  of  any  provision  of  this  ordinance,  and  shall  not  have 
paid  the  same,  he  shall  be  entitled  to  receive  only  so  much  of 
said  compensation  as  shall  remain  after  deducting  the  amount  of 
such  penalty,  fine,  or  forfeiture. 

SEC.  13.  The  officers  and  members  of  the  fire  police  company, 
and  of  special  hose  companies  Nos.  5,  6,  and  7,  when  performing 
duty  at  a  fire,  shall  be  paid  at  the  rate  of  twenty-five  cents  per 
hour,  and  the  members  of  said  companies,  when  on  duty  as  afore- 
said, and  while  going  to  and  returning  from  any  fire,  shall  be 


86-  ORDINANCES   OF   THE    CITY   OF   NEW   BRITAIN. 

governed  by  and  subject  to  this  ordinance,  in  the  same  manner, 
and  to  the  same  extent,  as  the  other  members  of  the  Fire  Depart- 
ment. 

SEC.  14.  Payment  of  the  compensation  of  members  of  the  Fire 
Department  shall  be  made  in  semi-annual  installments,  in  the 
months  of  January  and  July  ;  and,  in  order  to  facilitate  the 
same,  it  shall  be  the  duty  of  the  City  Clerk,  on  or  before  the 
10th  days  of  January  and  July,  in  each  year,  to  make  out  a  pay- 
roll, on  which  shall  be  entered  the  names  of  the  Chief  Engineer, 
Assistant  Engineer,  engineers  and  firemen  of  steam  fire  engines, 
and  all  officers  and  members  of  each  company  in  said  department, 
the  date  of  appointment  or  enlistment,  the  number  of  months' 
service,  and  the  amount  due  each,  after  deducting  all  penalties, 
fines,  or  forfeitures,  if  any,  unpaid  on  said  dates — said  pay-roll 
to  be  made  out  from  the  reports  of  the  clerks  of  the  several  com- 
panies, certified  to  by  the  Chief  Engineer,  which  reports  shall  be 
kept  on  file.  And  when  such  pay-roll  shall  have  been  audited  by 
the  committee  on  claims,  and  payment  ordered  by  the  Common 
Council,  an  order  shall  be  drawn  by  the  Auditor  on  the  Treasurer 
for  the  full  amount  of  the  same.  And  the  Auditor  shall  pay  said 
members  of  the  Fire  Department  on  a  fixed  day  in  the  months  of 
January  and  July,  but  shall  not  pay  any  moneys  except  upon  sign- 
ing of  receipts  on  said  pay-roll. 

SEC.  15.  The  several  companies  shall  be  called  out  by  their 
respective  foremen  for  the  exercise  and  inspection  of  their  ap- 
paratus, and  instruments  belonging  thereto,  at  such  times  and 
places  as  the  Chief  Engineer  shall  appoint,  and,  when  so  called 
out,  shall  be  under  the  direction  of  the  Chief  Engineer,  or,  in  his 
absence,  of  the  Assistant  Engineer ;  and  if  any  fireman  shall 
neglect  to  appear  at  the  time  and  place  so  appointed,  without 
an  excuse  satisfactory  to  the  Chief  Engineer,  he  shall  forfeit  and 
pay  a  fine  of  one  dollar. 

SEC.  1 6.  "Whenever  a  fire  shall  break  out  in  said  city,  it  shall 
be  the  duty  of  the  officers  and  members  of  the  several  companies 
to  repair  forthwith  to  their  respective  engines,  hose,  hook  and 
ladder  carriages,  and  other  apparatus,  and  convey  them,  in  as 
orderly  a  manner  as  may  be,  to  the  fire  ;  and,  on  their  arrival 
at  the  fire,  the  officer  in  command  shall  report  to  the  engineer  in 
command  as  ready  for  duty — and  on  all  such  occasions  they  shall 
exert  themselves  in  the  most  orderly  manner  possible,  in  working 
and  managing  said  engines/ hose,  hooks  and  ladders,  and  other 


ORDINANCES   OP   THE    CITY  OP   NEW   BRITAIN.  87 

fire  apparatus,  and  shall  obey  all  orders  of  the  Chief  Engineer, 
or  other  officer  in  command,  in  relation  thereto ;  and  when  their 
services  at  such  fire  shall  be  no  longer  required,  shall  return  the 
apparatus  to  their  respective  places  of  deposit,  and  no  apparatus, 
controlled  by  said  city,  shall  be  taken  beyond  the  city  limits,  on 
the  occasion  of  a  fire,  except  by  permission  of  the  Chief  or  As- 
sistant Engineer.  Any  officer  or  member  of  a  company,  who  shall 
fail  to  be  present  at  any  fire,  without  an  excuse  satisfactory  to  the 
Chief  Engineer,  shall  forfeit  and  pay  a  fine  of  one  dollar  for  each . 
offense,  and  any  officer  or  member  of  a  company,  wilfully  neglect- 
ing or  refusing  to  perform  any  of  the  duties  prescribed  in  this 
section,  shall  be  liable  to  dismission  from  the  Fire  Department. 

SEC.  17.  It  shall  be  the  duty  of  the  fire  police  to  guard  the 
approaches  to  any  building  or  buildings  on  fire,  with  ropes  or 
other  apparatus,  and,  unless  otherwise  ordered  by  the  Chief  or 
Assistant  Engineer,  not  to  permit  within  the  lines  any  person 
not  a  member  of  said  department,  the  Mayor,  the  city  police,  and 
owners  of  the  property  excepted,  and  to  perform  such  police -and 
other  duties  as  may  be  required  of  them  by  the  Chief  or  Assistant 
Engineer  ;  and  any  person  who  shall  force  his  way  within  such 
lines,  against  the  orders  of  such  police,  shall  be  subject  to  instant 
arrest,  and  to  such  fine,  not  exceeding  twenty  dollars,  as  may  be 
imposed  by  the  police  court ;  and  said  fire  police  are  hereby  each 
empowered  with  the  necessary  authority  to  make  such  arrest. 

SEC.  18.  Any  person  who  shall  knowingly  give  a  false  alarm 
of  fire  in  said  city,  or  shall  knowingly  proclaim  that  any  fire  is 
extinguished,  when  it  is  not,  shall  forfeit  and  pay  a  penalty  of 
not  less  than  seven  nor  more  than  thirty  dollars. 

SEC.  19.  The  engines,  carriages,  and  other  apparatus  of  the 
Fire  Department  shall  not  be  drawn  upon  the  sidewalks,  and, 
when  such  engines  and  carriages  are  returning  to  their  houses, 
they  shall  take  the  right  of  the  road,  and  racing,  on  such  returns, 
shall  not  be  allowed. 

SEC.  20.  It  shall  be  the  duty  of  the  officers  and  members  of 
the  fire  police  company,  and  every  other  company,  to  see  that  the 
house  occupied  by  them  is  not  used  as  a  place  of  resort  or  amuse- 
ment, but  only  for  the  necessary  business  purposes  of  such  com- 
pany, in  the  performance  of  their  duty  as  a  branch  of  the  Fire 
Department. 

SEC.  21.  No  cards,  dice,  or  other  articles  used  for  gaming,  shall 
be  brought  into,  or  suffered  to  remain  in  any  building  used  by  any 


88  ORDINANCES   OF   THE   CITY   OP   NEW    BRITAIN. 

company  in  the  Fire  Department,  nor  shall  any  spirituous  liquors 
be  used  therein,  neither  shall  any  such  building  be  opened  or  occu- 
pied on  Sunday,  except  in  case  of  alarm  of  fire  ;  and  the  penalty 
for  disregarding  this  section  shall  be  the  expulsion  of  the  offend- 
ing members  from  said  department. 

SEC.  22.  Boys,  and  other  persons,  not  members  of  the  Fire 
Department,  shall  not  be  allowed  to  frequent  the  house  of,  nor 
run  with,  any  company  belonging  to  said  department. 

SEC.  23.  Every  person  who  shall  have  served,  according  to  law, 
in  the  Fire  Department,  for  six  successive  years,  shall  be  entitled 
to  receive  a  certificate  thereof,  signed  by  the  Mayor  and  City 
Clerk,  and  any  person  receiving  such  certificate  shall  be  con- 
sidered an  honorary  member  of  the  department,  and  entitled  to 
wear  such  badge  as  may  be  designated  by  the  Common  Council. 

SEC.  24.  Each  fire  policeman  and  each  fireman  shall,  within 
two  weeks  after  recording  his  name,  deposit  the  sum  of  one  dollar 
with  the  Chief  Engineer,  who  shall,  upon  receiving  the  same,  issue 
a  badge  of  membership,  and  the  money  so  received  shall  be  de- 
posited by  said  Chief  Engineer  with  the  Treasurer  of  said  city. 

SEC.  25.  Members  of  the  Fire  Department,  when  on  duty  at 
fires,  shall  wear  their  badges  on  the  left  breast,  and  without  such 
badges  will  not  be  recognized  as  members  of  said  department. 

SEC.  26.  Any  member  leaving  the  Fire  Department  and  return- 
ing his  badge  in  good  condition  to  the  Chief  Engineer,  shall  re- 
ceive from  him  an  order  on  the  Treasurer  of  said  city,  for  the 
amount  of  his  deposit,  and  any  member  failing  to  produce  his  badge 
upon  leaving  said  department  shall  forfeit  the  amount  so  deposited. 

SEC.  27.  Any  member  losing  his  badge  shall  advertise  the  loss 
of  the  same  in  one  or  more  newspapers,  stating  when  and  where 
lost  with  full  description  of  the  same. 

SEC.  28.  The  Chief  Engineer,  with  the  consent  of  the  commit- 
tee on  Fire  Department,  may  grant  permission  to  any  company  to 
take  their  apparatus  beyond  the  limits  of  said  city  on  an  excursion, 
to  be  absent  such  length  of  time  as  they  may  direct,  the  safe  re- 
turn of  the  same  to  be  guaranteed,  either  by  effecting  insurance 
thereon,  or  in  such  other  manner  as  shall  be  satisfactory  to  said 
committee. 

SEC.  29.  Any  person  or  persons  who  shall  take  or  remove  any 
of  the  ladders,  or  other  implements  for  extinguishing  fires,  belong- 
ing to  said  city,  from  the  places  where  deposited,  except  in  case  of 
fire,  or  shall  use  any  such  ladder  or  other  implements,  or  cause  the 


ORDINANCES    OP   THE   CITY   OF   NEW   BRITAIN.  89 

same  to  be  used  when  so  taken,  shall  forfeit  and  pay  a  penalty  of 
five  dollars. 

SEC.  30.  The  Chief  Engineer,  or  in  his  absence  the  Assistant 
Engineer,  with  the  approbation  of  the  committee  on  the  Fire  De- 
partment, may,  and  for  the  second  offense  shall,  dismiss  from  the 
said  department  any  officer  or  member  of  any  company  for  neg- 
lect of  duty,  drunkenness,  disorderly  conduct,  disobedience  of  or- 
ders, or  willful  violation  of  any  of  the  provisions  of  this  ordinance, 
and  such  dismissed  member  shall  not  be  entitled  to  compensation 
for  his  services. 

SEC.  31.  There  shall  be,  annually,  in  the  month  of  May  an  in- 
spection and  parade  of  the  Fire  Department,  at  such  time  and  place 
as  the  Mayor  may  direct. 

SEC.  32.  "Whenever  it  shall  appear  to  the  committee  on  the 
Fire  Department,  from  report  of  the  Chief  Engineer  or  otherwise, 
that  any  building  occupied  in  whole  or  in  part  for  public  use,  or 
for  a  public  hall,  or  for  any  other  purpose,  is  unsafe  by  reason  of 
insufficient  facilities  for  egress  in  case  of  fire  or  other  accident,  or 
in  consequence  of  the  materials  or  mode  of  its  construction,  said 
committee  shall  notify  the  owners  or  occupiers  thereof  to  provide 
for  the  same  such  scuttles,  fire  escapes,  fire  ladders,  or  other  means 
of  egress,  or  to  make  such  alterations  in  said  building,  as  in  their 
opinion  the  reasonable  safety  of  persons  or  property  requires; 
such  notice  to  be  in  writing  and  to  specify  the  thing  to  be  done, 
and  a  reasonable  time  not  less  than  one  month,  within  which  the 
order  must  be  complied  with,  and  to  be  served  by  causing  a 
copy  thereof  to  be  left  at  the  usual  place  of  abode  of  said  owner  or 
occupant,  and  a  duplicate  thereof  to  be  lodged  with  the  City  Clerk. 
And  every  person  who  shall  refuse  or  neglect  to  comply  with  such 
order  within  the  time  specified,  shall  forfeit  and  pay  a  penalty  of 
ten  dollars,  and  an  additional  penalty  of  ten  dollars  for  every 
week  during  which  such  neglect  or  refusal  shall  continue:  provided, 
however,  that  any  person  aggrieved  by  said  order  may  appeal  to 
the  Common  Council  within  the  time  limited  in  said  order,  and 
said  Common  Council  may  in  their  discretion  affirm,  modify,  or  re- 
scind the  same. 

SEC.  33.  No  person  shall  carry  into  or  use  in  any  barn,  stable, 
or  other  building  in  said  city,  in  which  hay,  straw,  stalks,  husks,  or 
other  combustible  material  is  deposited  or  kept,  any  lighted  can- 
dle, lamp,  or  fire,  unless  the  same  shall  be  well  secured  in  a 
lantern,  nor  carry  into  or  use  in  such  building  any  lighted  pipe 
12 


90  ORDINANCES   OP  THE   CITY   OP  NEW   BRITAIN. 

or  cigar,  nor  throw  down  or  drop  therein  any  matches  unused  or 
with  any  fire  on  them,  nor  keep  therein  any  matches  except  in  a 
fire-proof  box  or  match  safe,  nor  throw  or  drop  therein  any  fire- 
crackers, or  fire-works  of  any  kind.  And  every  person  who  shall 
violate  any  of  the  foregoing  provisions  of  this  section  shall  forfeit 
and  pay  a  penalty  of  not  less  than  five  nor  more  than  one  hundred 
dollars  for  each  offense. 

•  SEC.  34.  Every  person  who  shall  use  or  explode  any  fire-crack- 
ers or  fire- works  of  any  kind,  or  make,  or  assist  in  making  or  kind- 
ling, any  bonfire  in  any  street  or  public  park  of  said  city,  without 
the  written  consent  of  the  Chief  of  Police  countersigned  by 
the  Mayor,  shall  forfeit  and  pay  a  penalty  of  five  dollars  for  each 
offense. 

SEC.  35.  No  person  shall  discharge  any  gun,  pistol,  cannon,  or 
other  fire-arms  of  any  sort  or  description  within  the  limits  of  said 
city  unless  by  written  permission  of  the  Chief  of  Police,  or  by  or- 
der of  some  military  officer  on  occasion  of  military  exercises  and 
parade,  and  such  permit  of  said  Chief  of  Police  shall  state  the 
date,  length  of  time  of  such  permit,  and  the  name  of  the  person, 
club,  or  organization  to  whom  such  permission  is  granted,  and  a 
record  thereof  shall  be  kept  by  the  Chief  of  Police  in  a  book  pro- 
vided for  the  purpose,  and  whoever  shall  discharge  any  pistol,  gun 
or  cannon,  or  other  fire-arm,  without  permission  as  aforesaid,  shall 
for  each  offense  forfeit  and  pay  a  penalty  of  five  dollars. 

SEC.  36.  Any  person  who  shall  discharge  any  fire-works  so  as  to 
annoy  and  cause  serious  discomfort  to  any  inhabitant  of  said  city, 
shall  forfeit  and  pay  for  each  offense,  a  penalty  of  five  dollars. 

SEC.  37.  If  any  minor  or  apprentice  shall  be  guilty  of  a  breach 
of  any  of  the  provisions  of  this  ordinance,  the  parent,  guardian, 
or  master  of  such  minor  or  apprentice,  shall  be  liable  to  pay  the 
forfeiture  incurred  thereby,  and  may  be  sued  therefor  in  a  proper 
action  brought  in  the  name  of  said  city  upon  this  ordinance. 

SEC.  38.  If  any  person,  persons,  or  corporations,  shall,  without 
permission  of  the  Common  Council,  erect,  add  to,  move  or  station 
any  building  excepting  privies,  of  which  either  outer  wall,  or  the 
outer  covering  of  the  roof  is  composed  of  wood  or  any  other  com- 
bustible material,  within  the  area  included  within  the  following 
named  streets  and  lines,  and  where  said  streets  and  lines  do  not 
coincide  with  the  limits  of  said  city,  extending  in  the  direction  of 
said  city  limits  two  hundred  feet  beyond  said  streets  and  lines,  to 
wit :  beginning  at  the  junction  of  Park  and  South  Stanley  streets, 


ORDINANCES   OP   THE   CITY   OP   NEW   BRITAIN. 


91 


thence  along  South  Stanley  street  to  Whiting  street,  thence  along 
Whiting  street  to  South  Main  street,  thence  along  South  Main  street 
to  Ellis  street,  thence  along  Ellis  street  to  Glen  street,  thence  along 
Glen  street  to  Locust  street,  thence  along  Locust  street  to  Ken- 
sington street,  thence  across  Kensington  street  into  Arch  street, 
thence  along  Arch  street  to  Winthrop  street,  thence  along  Win- 
throp  street  to  Linwood  street,  thence  along  Linwood  street  to 
Hart  street,  thence  along  Hart  street  to  Vine  street-,  thence  along 
Vine  street  to  West  Main  street,  thence  along  West  Main  street  to 
Curtis  street,  thence  along  Curtis  street  to  Broad  street,  thence  along 
Broad  street  to  Beaver  street,  thence  northerly  along  Beaver  street  to 
the  city  limits,  thence  along  the  line  of  said  city  limits  to  Lawlor 
street,  thence  along  Lawlor  street  to  North  street,  thence  along 
North  street  to  Elm  street,  thence  across  Elm  street  to  North  Stan- 
ley street,  thence  along  North  Stanley  street  to  the  aforesaid  Park 
street,  the  place  of  beginning — such  person,  persons,  or  corporations 
shall  forfeit  and  pay  a  penalty  of  fifty  dollars,  and  a  further  pen- 
alty of  fifty  dollars  for  each  period  of  ten  days,  during  which  such 
building  or  addition  to  a  building  shall  be  continued  without  such 
permission,  and  the  continuance  of  any  such  building  or  part  of 
building  for  each  period  of  ten  days  as  aforesaid,  shall  be  deemed 
a  separate  and  distinct  offense. 


CHAPTER  VII. 


GOOD  ORDER  AND  DECENCY. 


SECTION 

1.    Billiard-rooms,  bowling-alleys,  saloons, 
&c.,  when  to  be  closed. 


SECTION 

2.  Violation  of  ordinance  and  of  statute 
relating  to  the  Sabbath,  by  whom 
reported  and  prosecuted. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  All  bar-rooms,  billiard-rooms,  bowling-saloons,  and 
all  places  where  spirituous  or  intoxicating  liquors  are  commonly 
kept  and  sold  in  said  city,  shall  be  closed  at  the  hour  of  ten  and 
one-half  o'clock  in  the  evening  of  each  day,  and  shall  be  kept  closed 
until  five  o'clock  in  the  morning  of  the  next  day;  and  any  proprie- 
tor or  occupant  of  any  such  bar-room,  or  billiard -saloon,  or  bowling. 


92  ORDINANCES   OP   THE   CITY   OP   NEW   BRITAIN. 

saloon,  or  place  where  spirituous  or  intoxicating  liquors  are  com- 
monly kept  and  sold,  who  shall  neglect  or  refuse  to  close  the  same 
at  the  hour  for  closing  aforesaid,  and  keep  the  same  closed  during 
the  whole  before-mentioned  period,  shall  forfeit  and  pay  for  each 
offense  a  penalty  not  exceeding  twenty-five  dollars. 

SEC.  2.  It  shall  be  the  duty  of  the  Chief  of  Police  and  all  other 
police  officers  of  said  city,  to  report  to  the  City  Attorney  all  viola- 
tions of  this  ordinance,  and  also  all  violations  of  the  60th  Section 
of  Chapter  IX,  Title  XX,  of  the  Revised  Statutes  of  the  State  of 
Connecticut,  revision  of  1875,  being  an  act  for  the  due  observance 
of  the  Sabbath  or  Lord's  day,  and  the  City  Attorney  is  hereby  di- 
rected to  prosecute  the  same. 


CHAPTER  VIII. 
HEALTH. 

SECTION  1.    Health  Committee,  appointment  and  duties. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  The  Common  Council  shall  annually  appoint  not  ex- 
ceeding five  persons,  who  may  or  may  not  be  members  thereof,  to  be 
denominated  the  Health  Committee,  whose  duty  it  shall  be  to  cause 
all  nuisances  injurious  to  the  public  health,  to  be  removed  or  sup- 
pressed, and  said  committee  and  any  two  of  them,  are  hereby  em- 
powered to  inspect,  as  often  as  they  deem  necessary,  all  markets, 
shops,  and  other  places  in  said  city,  and  whenever  they  shall  find 
filth  or  putrefaction  in  any  market,  shop,  or  other  place  by  them 
visited,  which  in  their  opinion  may  prove  detrimental  to  the  health 
of  the  inhabitants  of  said  city  or  any  portion  thereof,  said  commit- 
tee, or  any  two  of  them,  shall  give  orders  to  the  persons  owning 
or  occupying  said  market,  shop,  or  place  in  which  said  filth  or 
putrefaction  shall  be  found,  to  remove  or  bury  the  same,  or  to 
cleanse  or  purify  such  market,  shop,  or  other  place,  in  such  other 
way  or  manner  as  said  committee,  or  said  two  of  them  there  pres- 
ent, may  deem  advisable  ;  and  said  committee,  or  said  two  of 
them,  are  hereby  empowered  to  give  orders  to  the  person  or  per- 
sons owning  or  occupying  such  markets,  shops,  or  other  places,  in 


ORDINANCES   OP   THE   CITY   OF   NEW   BRITAIN. 


03 


relation  to  the  ways  and  means  to  be  by  them  used,  in  order  to  keep 
the  same  continually  cleansed  and  purified  from  filth  and  putrefac- 
tion ;  and  all  orders  and  directions  given  by  said  committee,  or 
said  two  of  them,  as  aforesaid,  shall  be  in  writing,  and  a  duplicate 
thereof  be  lodged  with  the  City  Clerk  by  said  committee,  immedi- 
ately after  the  delivery  of  such  orders  and  directions  to  the  person 
or  persons  aforesaid  ;  and  every  person  who  shall  neglect  to  obey 
and  conform  to  any  of  said  orders  and  directions,  or  any  part 
thereof,  so  given  in  conformity  to  this  ordinance,  shall  forfeit  and 
pay  a  penalty  not  exceeding  ten  dollars  for  every  day  that  such 
person  shall  so  neglect  and  refuse  to  comply  ;  and  said  commit- 
tee shall  report  every  violation  of  this  ordinance  to  the  City  At- 
torney,  and  it  shall  be  the  duty  of  said  Attorney  to  prosecute  the 


CHAPTER  IX. 

JURORS  OF  THE  CITY  COURT. 

SECTION  1.    Penalty  for  neglecting  to  serve  when  summoned. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

SECTION  1.  Every  juror  of  said  city,  who,  being  legally  sum- 
moned and  returned  to  serve  as  a  juryman  at  any  city  court  in  said 
city,  shall  refuse  or  neglect  to  attend  and  perform  such  service 
agreeably  to  such  summons,  shall  forfeit  and  pay  a  penalty  of  five 
dollars  to  the  City  Treasurer,  unless  the  court  shall,  on  hearing  his 
reasons  for  non-attendance,  judge  the  same  to  be  sufficient. 


CHAPTER  X. 

MEETINGS  OF  THE  CITY  AND  COMMON  COUNCIL. 


SECTION 

1.  Stated  meetings  of  the  Common  Coun- 

cil, when  held. 

2.  City  and  Common  Council  meetings, 

how  called. 


SECTION 

3.  Common  Council  meetings,  what  hour 

to  begin. 

4.  Records  of  City  and  Common  Council. 


94  ORDINANCES   OF   THE   CITY   OF   NEW   BRITAIN. 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  There  shall  be  stated  monthly  meetings  of  the  Com- 
mon Council,  at  the  Common  Council  room  in  said  city,  for  the 
transaction  of  all  legal  business,  on  the  third  Wednesday  evening 
of  each  month,  and  a  stated  annual  meeting  for  the  choice  of  ju- 
rors, on  the  third  Wednesday  in  June. 

SEC.  2.  The  Mayor,  or  in  case  of  his  absence  or  disability,  the 
senior  Alderman  present  in  said  city  may  at  any  time,  and  when 
thereunto  instructed  by  the  Common  Council,  shall  call  a  city  meet- 
ing ;  and  may  at  any  time,  and  upon  the  request  in  writing  of  any 
two  Aldermen  and  four  Councilmen,  shall,  without  delay,  call  a 
meeting  of  the  Common  Council,  which  meeting  shall  be  called  by 
issuing  a  warrant  to  the  sheriff,  or  any  suitable  person  named 
therein,  requiring  him  to  notify  the  electors  of  said  city,  or  the 
members  of  the  Common  Council,  as  the  case  may  be,  that  such 
meeting  will  be  held  at  the  time  and  place  in  such  warrant  desig- 
nated. All  warrants,  in  the  case  of  city  meetings,  shall  specify  the 
object  thereof,  and  shall  be  served  at  least  three  days  before  the 
day  when  such  meeting  is  to  be  held,  by  causing  a  true  and  attested 
copy  thereof  to  be  published  in  at  least  one  newspaper  published 
in  said  city,  and  by  posting  a  like  copy  upon  the  public  sign-post 
therein  ;  and  shall  be  forthwith  returned  with  proper  indorsement, 
to  the  City  Clerk,  and  be  by  him  recorded  :  and  all  warrants  for 
meetings  of  the  Common  Council,  shall  be  served  by  reading  the 
same  in  the  hearing  of  each  member,  or  by  leaving  a  copy  thereof 
at  his  usual  place  of  abode  ;  and  shall  be  forthwith  returned  with 
a  proper  indorsement,  to  the  City  Clerk,  and  be  by  him  re- 
corded. 

SEC.  3.  All  stated  meetings  of  the  Common  Council,  and  all 
special  meetings  thereof,  when  not  otherwise  provided  in  the 
warning,  shall  commence  at  seven  o'clock  in  the  evening,  if  held 
between  noon  of  the  first  day  of  November  and  noon  of  the  first 
day  of  March  thereafter,  and  at  seven  and  one-half  o'clock  in  the 
evening,  if  held  at  any  .other  time  in  the  year. 

SEC.  4.  The  City  Clerk  shall  make  and  keep  true  records,  prop- 
erly indexed,  of  all  proceedings  of  said  City  and  Common  Council. 


ORDINANCES    OF   THE    CITY    OF    NEW    BRITAIN. 


95 


CHAPTER  XL 


NUISANCE. 


SECTION 

1.  Acts  constituting. 

2.  Dead  animals  buried  by  the  owner. 

3.  Privy-vaults  and  cess-pools,  contents  of, 

how  and  when  removed. 


SECTION 

4.  Privies  and  cess-pools,  location  of. 

5.  Privies,  vaults,  and  how  cleaned. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  The  following  acts,  when  committed  within  said  city, 
are  declared  to  be  acts  of  nuisance,  to  wit :  keeping  swine  in  any 
pen,  sty,  or  other  place  in  such  manner  that  the  same  shall  become 
unwholesome  or  offensive  to  any  person;  causing  or  permitting 
the  accumulation,  in  any  building,  outhouse,  yard,  or  enclosure,  of 
any  dung,  filth,  manure,  offal,  wash,  dirty  water,  or  brine,  which 
shall  become  offensive  to  any  person;  setting  up  or  continuing  any 
privy  in  such  place  or  manner  that  the  same  shall  become  unwhole- 
some or  offensive  to  any  person;  causing  or  permitting  wash  or 
dirty  water  to  pass  from  yards  or  houses,  through  drains  or  other- 
wise, into  any  street,  or  upon  any  sidewalk  of  said  city;  depositing 
any  offal,  dead  animal,  animal  matter,  decayed  or  decaying  vege- 
table matter,  or  garbage,  in  any  street,  public  park,  stream,  or  pond 
in  said  city,  or  conveying  through  any  street  thereof  any  offal,  or 
dead  animal,  unless  covered  from  sight;  fastening  any  animal  to 
any  tree,  or  leaving  any  animal  so  that  any  tree  in  said  city  shall 
be  injured  by  such  animal;  erecting,  setting  up,  or  continuing 
upon  any  street  or  highway,  or  any  portion  of  the  same,  any  build- 
ing, fence,  or  gate;  causing  or  permitting  any  wagon,  cart,  or  other 
vehicle,  or  any  animal  to  remain  stationary  upon  any  crosswalk  in 
said  city,  or  riding,  driving,  or  leading  any  horse  or  other  animal 
upon  any  sidewalk  thereof ;  riding  or  driving  any  horse  or  horses, 
in  harness  or  otherwise,  upon,  over,  or  across  any  sidewalk  at  a 
gait  faster  than  a  walk;  injuring,  defacing,  or  soiling  any  public  or 
private  building,  fence,  or  enclosure;  injuring  any  tree,  shrub,  plant, 
or  other  vegetable  production  in  the  streets  or  in  public  or  private 
enclosures  in  said  city;  making  any  loud  or  boisterous  noise  in  the 
night  season  in  any  street,  building,  or  other  place,  whereby  any 
person  is  disturbed ;  ringing  hand-bells  in  any  street  of  said  city,  to 
advertise  auction  or  other  sales;  trespassing  in  any  garden  or  yard 
in  said  city;  placing  any  ihortar-bed,  or  placing  or  continuing  the 


96  ORDINANCES   OF   THE   CITY   OP   NEW   BRITAIN. 

deposit  of  any  building  material  in  any  street  in  said  city  without 
license  from  the  Common  Council;  racing  or  trying  the  speed  of 
horses  upon  any  street  in  said  city;  carrying  on  of  any  trade  or 
business  upon  the  sidewalks,  or  streets,  without  license  therefor; 
resisting,  molesting,  or  disturbing  any  executive  or  police  officer  or 
Street  Commissioner  of  said  city  while  discharging  his  duty;  placing 
any  sign  across  any  sidewalk  without  permission  from  the  Common 
Council;  assembling  idly  and  remaining  in  crowds  upon  any  footway, 
sidewalk,  or  crosswalk  in  any  street,  or  in  any  public  park  of  said 
city,  or  before  any  church  or  public  building;  so  assembling  to  the 
number  of  three  or  more  persons,  and  refusing  to  disperse  when  com- 
manded so  to  do  by  a  police  officer,  special  constable,  or  other  officer  of 
said  city;  sliding  down  hill  upon  sleds  or  otherwise,  upon  any  of 
the  following  streets,  to  wit:  Main  street,  West  Main  street,  Beaver 
street,  Sexton  street,  Clark  street,  Lawlor  street,  North  street, 
Broad  street,  Walnut  street,  Grand  street,  School  street,  Hart 
street,  or  any  other  street  in  which  there  is  any  passenger  or  vehi- 
cle at  the  time ;  throwing  or  playing  with  any  ball  upon  any  public 
street;  discharging  the  contents  of  any  privy,  water-closet,  sink- 
drain  or  sewer  into  the  bed  of  the  stream  appropriated  by  said  city, 
between  the  foundry  of  the  Eussell  &  Erwin  Manufacturing  Com- 
pany at  the  commencement  of  the  main  sewer  and  the  junction  of 
said  stream  with  the  lower  ditch  near  the  land  of  John  Hanna, 
and  between  East  Main  and  North  street;  accumulating  in  or  near 
any  building,  shavings,  hay,  husks,  straw,  or  other  combustible 
materials  in  such  a  manner  as  to  endanger  property  from  fire; 
depositing  or  keeping  hay,  straw,  husks,  or  other  combustible 
materials  in  any  building  occupied  wholly  or  in  part  as  a  dwelling. 

And  any  person  doing  or  committing  any  of  said  acts,  or  who 
shall  knowingly  aid  or  assist  in  the  commission  of  the  same,  shall 
forfeit  and  pay  a  penalty  of  not  more  than  twenty  nor  less  than 
three  dollars  for  each  offense,  and  each  day's  continuance  of  any 
continuing  nuisance,  herein  before  mentioned,  shall  constitute  a 
separate  and  distinct  offense. 

SEC.  2.  Any  animal  that  shall  die  or  be  found  dead  in  said 
city,  except  when  such  animal  has  been  killed  for  food,  shall  be 
properly  buried  by  the  owner  thereof  upon  notice  by  the  police, 
and  when  such  owner  is  not  known,  or,  being  notified  as  aforesaid, 
shall  neglect  or  refuse  to  bury  said  animal,  the  same  shall  be 
buried  by  the  police  at  the  expense  of  the  city;  and  any  person  so 


ORDINANCES    OF   THE   CITY   OP   NEW    BRITAIN.  97 

neglecting  or  refusing  shall  forfeit  and  pay  a  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars. 

SEC.  3.  No  person,  without  the  consent  of  the  Health  Com- 
mittee, shall  convey  the  contents  of  any  privy-vault,  or  cess-pool, 
through  any  street  of  said  city,  except  in  a  tight  box,  and  between 
the  first  day  of  November  and  the  first  day  of  April  then  next 
succeeding,  and  between  the  hours  of  nine  and  five  o'clock,  in  the 
night  season;  and  any  person  so  offending  shall  forfeit  and  pay  a 
penalty  of  five  dollars  for  each  offense. 

SEC.  4.  No  person,  without  the  consent  of  the  Health  Commit- 
tee, shall  build,  or  maintain  any  privy  or  cess-pool  in  said  city,  with- 
in twenty-five  feet  of  any  street  line  or  dwelling  house,  or  public 
building,  nor  without  leaving  at  least  two  feet  of  solid  earth  or 
mason  work,  laid  in  cement,  between  such  privy  or  cesspool  and 
the  lot  adjoining. 

SEC.  5.  No  privy  shall  hereafter  be1  erected  or  suffered  to 
remain  in  said  city,  unless  connected  with  some  public  sewer,  or 
unless  kept  clean  by  means  of  fresh  earth  or  other  disinfectant,  of 
without  having  a  vault  under  the  same  of  the  depth  of  at  least 
six  feet  of  the  full  length  and  width  of  such  privy,  and  closed  up 
on  all  sides;  nor  shall  said  vault  be  suffered  to  be  at  any  time 
filled  within  three  feet  of  the  general  surface  of  the  ground 
around  such  privy;  and  any  person  offending  against  the  provisions 
of  this  section,  and  of  section  fourth  of  this  ordinance,  shall  forfeit 
and  pay  a  penalty  of  not  less  than  five  nor  more  than  twenty  dollars 
for  each  offense,  and  each  week's  continuance  thereof  shall  be 
deemed  a  separate  offense. 


CHAPTER  XII. 

ORDINANCES. 


SECTION 

1.  Publication. 

2.  When  operative. 

8.    Orders  and  notices  to  be  published  only 
twice. 

13 


SECTION 

4.  To  be  entitled  and  arranged  alphabeti- 

cally and  published  with  the  annual 
reports. 

5.  Repeals  former  ordinances. 


98 


ORDINANCES   OF   THE   CITY   OF   NEW   BRITAIN. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

SECTION  1.  Every  ordinance  of  said  city  shall  be  twice  piiblished 
in  a  newspaper  in  said  city. 

SEC.  2.  No  ordinance  shall  be  valid  and  operative  until  it  has 
been  once  so  published.  « 

SEC.  3.  All  orders  and  notices  requiring  publication  by  the 
city  charter;  and  all  orders  and  notices  ordered  published  by  the 
Common  Council;  and  all  orders  and  notices  published  by  order 
of  the  Street'  Commissioner  or  any  other  city  officer,  in  any  news- 
paper, shall  not  be  published  more  than  twice  in  such  paper,  except 
by  special  order  of  the  Common  Council. 

SEC.  4.  The  ordinances  of  said  city,  as  nearly  as  practicable, 
shall  be  entitled  and  arranged  alphabetically  according  to  the  sub- 
ject-matter, and  all  new  ordinances  and  amendments  of  ordinances 
shall  be  printed  with  the  annual  reports  of  the  Mayor  and  several 
departments. 

SEC.  5.  All  the  ordinances  of  said  city  in  force  on  the  31st  day 
of  December,  A.  D.  1876,  shall  hereby  be  repealed:  but  no  offense 
committed,  and  no  liability,  penalty,  or  forfeiture  heretofore  in- 
curred, and  no  tax  or  assessment  heretofore  laid  or  incurred,  and 
no  prosecution  or  suit  pending,  shall  be  affected,  and  no  ordinance 
heretofore  repealed,  shall  be  revived  by  this  repeal. 


CHAPTER  XIII. 


POLICE. 


SECTION 

1.  Police  force,  how  constituted. 

2.  Chief  of  Police,  duties  of. 

3.  Lieutenant  of  Police. 

4.  Policemen,  their  duties. 

5.  When  to  wear  badges. 

6.  To  assign  taxable  fees  to  city,  and  re- 

ceive no  reward. 


SECTION 

7.  Qualification  of. 

8.  Compensation  of. 

9.  Causes  for  preferring  charges  against. 
10.    Acting  as  town  officer,  or  engaging  in 

private  business,  deemed  a  resigna- 
tion. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  I.  There  shall  be,  and  hereby  is  established  a  police 
force  for  said  city,  which  shall  consist  of  a  captain,  to  be  called  the 
Chief  of  Police,  a  Lieutenant  of  Police,  and  not  more  than  eight 


ORDINANCES   OF  THE   CITY   OF   NEW    BRITAIN.  99 

active  policemen,  and  not  less  than  ten  nor  more  than  twenty 
supernumerary  policemen. 

SEC.  2.  It  shall  be  the  duty  of  the  Chief  of  Police  to  superin- 
tend, under  the  direction  of  the  Mayor,  the  entire  police  force;  to 
inform  himself  of  the  fidelity  and  efficiency  of  every  member 
thereof;  to  have  charge  of  and  be  responsible  for  the  condition  of 
the  station  house'  and  its  furniture;  to  supply  the  same  with  lights 
and  fuel,  and  the  inmates,  if  any,  with  necessary  food,  at  the 
expense  of  said  city;  to  attend  on  the  Police  Court;  to  receive 
from  members  of  said  force  all  complaints  of  violations  of  the 
public  law  or  the  city  ordinances,  and  see  that  the  same  are  prose- 
cuted; to  report  all  cases  requiring  a  written  complaint  to  the 
City  Attorney  or  his  assistant,  or  in  their  absence,  to  a  grand 
juror;  to  designate  a  supernumerary  policeman  to  take  the  place 
of  any  active  policeman  absent  from  duty;  to  call  into  active 
service  the  supernumerary  police,  or  any  portion  of  the  same, 
when  authorized  thereto  by  the  acting  Mayor;  to  keep  a  roll  of 
the  members  of  said  force,  and  to  report  to  the  Common  Council, 
annually,  at  its  first  meeting  in  April,  and  at  other  times  when 
called  upon,  the  exact  condition  thereof,  together  with  the  number 
and  causes  of  arrest  or  detention  since  the  last  previous  report;  to 
be  present  at  all  fires  in  said  city,  and  assist  thereat  in  the  pre- 
servation of  order  and  the  protection  of  life  and  property;  and  in 
all  legal  ways  to  guard  the  peace  of  said  city. 

SEC.  3.  In  case  of  the  absence  from  said  city  of  the  Chief  of 
Police  or  his  inability  to  discharge  the  duties  required  of  him  by 
this  ordinance,  the  Lieutenant  of  Police  shall,  during  such  absence 
or  inability,  be  acting  Chief  of  Police. 

SEC.  4.  It  shall  be  the  duty  of  policemen  to  obey  all  lawful 
orders  and  directions  of  the  Mayor  or  Chief  of  Police;  to  engage 
in  no  private  business;  to  guard  the  city  day  and  night;  to  report 
to  the  Chief  of  Police  all  violations  of  the  laws  of  the  State,  and 
ordinances  of  said  city,  all  suspicious  persons,  all  houses  of  ill- 
fame,  all  gaming  houses,  all  disorderly  and  suspicious  places  of 
resort;  to  preserve  the  public  peace;  to  secure  the  detection,  arrest, 
and  conviction  of  offenders,  and  render  all  possible  assistance  to 
the  ministers  of  the  law;  to  be  present  and  on  duty  at  all  fires  in 
said  city,  when  not  otherwise  specially  employed;  to  serve  pro- 
cesses of  the  Police  Court  and  notices  ordered  by  the  Common 
Council;  to  direct  strangers  the  nearest  way  to  their  places  of 
destination;  to  keep  open  and  free  from  obstruction  by  vehicles, 


100  ORDINANCES   OP   THE   CITY   OF   NEW   BRITAIN. 

crowds,  or  groups  of  persons,  or  other  things,  the  streets,  side- 
walks, and  public  places  of  said  city;  and  in  general  to  perform 
the  duties  assigned  them  in  these  ordinances,  and  do  all  in  their 
power  to  preserve  the  peace  and  protect  life  and  property. 

SEC.  5.  The  Chief  of  Police  and  other  members  of  the  police 
force  shall  wear,  when  on  duty,  their  distinguishing  badges,  as 
prescribed  by  the  Common  Council. 

SEC.  6.  No  fee  or  compensation,  other  than  the  regular  pay, 
shall  be  charged  or  received  by  any  member,  of  the  police  force, 
but  each  member  shall,  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  execute  in  writing  an  assignment  to  the  Treas- 
urer of  said  city  of  all  his  interest  in  any  fees  which  may  be  taxed 
in  his  favor  in  the  Police  or  City  Court  in  causes  in  which  said  city 
is  a  party,  and  no  member  of  the  force  shall  be  entitled  to  receive 
any  salary  for  any  services  rendered  by  him,  until  such  assignment 
shall  have  been  executed  to  the  satisfaction  of  the  Committee  on 
Police  of  the  Common  Council,  and  lodged  on  file  in  the  office  of 
the  City  Clerk;  nor  shall  any  member  of  the  force  receive  any 
present  or  reward  for  services  rendered,  or  to  be  rendered,  by 
him  unless  with  the  consent  of  the  Common  Council. 

SEC.  7.  Every  member  of  the  police  force  shall,  at  the  time  of 
his  appointment,  be  a  citizen  of  the  United  States  and  able  to  speak, 
read,  and  write  the  English  language,  and  shall,  before  entering 
upon  the  discharge  of  the  .duties  of  his  office,  make  oath  or  affirma- 
tion, before  some  competent  authority,  that  he  will  support  the  Con- 
stitution of  the  United  States,  and  of  the  State  of  Connecticut,  and 
will  faithfully  discharge  the  duties  of  his  office,  and  shall  cause  a 
certificate  of  such  oath  or  affirmation  to  be  lodged  with  the  City 
Clerk. 

SEC.  8.  The  pay  of  the  Chief  of  Police  shall  be  nine  hundred 
dollars  per  year.  The  pay  of  the  Lieutenant  of  Police  and  of  each 
policeman  shall  be  eight  hundred  dollars  per  year,  and  at  the  same 
rate  for  each  supernumerary  for  each  day  of  actual  service. 

SEC.  9.  The  willful  breach  of  any  law  of  this  State,  or  ordi- 
nance of  said  city,  neglect  of  duty,  inefficiency,  intoxication,  insub- 
ordination, frequenting,  drinking,  or  playing  at  games  in  saloons, 
or  other  places  where  liquors  are  exposed  for  sale,  or  any  other 
disgraceful  or  improper  conduct  which  will  bring  discredit  on  the 
police  force  or  impair  its  usefulness,  shall  be  considered  sufficient 
cause  for  the  preferment  of  charges  against  the  officer  so  offending, 
under  the  provisions  of  the  charter  of  said  city. 


ORDINANCES   OF  THE   CITY   OP   NEW   BRITAIN.  101 

SEC.  10.  Any  policeman  who  shall  act  as  Constable  of  the 
town  of  New  Britain,  or  who  shall  act  as  any  other  officer,  of  said 
town,  in  any  capacity  in  which  he  is  entitled  to  receive  salary,  fees, 
or  emoluments,  or*  who  shall  engage  in  any  private  business,  shall 
be  deemed  to  have  tendered  his  resignation  as  policeman,  and  the 
same  shall  be  accepted  by  the  Common  Council,  and  his  place  as 
policeman  be  filled  or  declared  vacant. 


CHAPTER  XIY. 

PUBLIC  CONVEYANCES. 


SECTION  |  SECTION 

1.    Public  carriages,  vehicles  deemed  such. 


2.  Chief  of  Police  to  license. 

3.  License  fee,  amount  of,  to  whom  paid. 

4.  Rates  of  fare. 


Owner's  name,   rates  of  fare,  number 

of  license,  how  displayed. 
Penalty  for  violation  of  ordinance. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1 .  Every  hack,  omnibus,  cab,  coach,  barouche,  or  other 
vehicle  on  wheels  or  on  runners  and  drawn  by  one  or  more  ani- 
mals, which  shall  be  used  in  said  city  for  carrying  persons  for  hire, 
shall  be  deemed  a  public  carriage  within  the  meaning  of  this 
ordinance. 

SEC.  2.  No  public  carriage  shall  be  used  within  the  limits  of 
said  city,  and  no  baggage  wagon,  express  wagon,  cart,  dray  or  truck, 
or  other  vehicle  on  wheels  or  runners,  shall  be  used  or  employed 
to  convey  for  hire  any  baggage,  goods,  wares,  merchandise,  freights 
or  materials  from  place  to  place  in  said  city,  unless  the  same  shall 
be  duly  licensed  by  the  Chief  of  Police,  and  every  such  license 
shall  be  in  writing,  and  expire  on  the  first  Monday  of  May  succeed- 
ing its  date,  and  shall  be  recorded  before  being  issued  by  said  Chief 
of  Police  in  a  book  kept  for  the  purpose. 

SEC.  3.  No  public  carriage  or  other  vehicle  shall  be  licensed  as 
aforesaid,  until  the  owner  thereof  shall  have  paid  the  Treasurer  of 
said  city  a  license  fee  as  follows:  namely,  for  each  public  carriage 
or  other  vehicle  drawn  by  two  or  more  horses  or  other  animals, 
two  dollars,  drawn  by  one  animal,  one  dollar,  and  the  receipt  of  the 
Treasurer  for  the  same  shall  be  filed  with  the  Chief  of  Police,  and 
shall  be  sufficient  evidence  of  the  payment  of  the  aforesaid  fee. 


102  ORDINANCES   OP   THE  CITY   OF  NEW   BRITAIN. 

SEC.  4.  The  rates  of  fare  to  be  charged  by  the  proprietors  or 
drivers  of  public  carriages  shall  not  exceed  the  following,  to  wit: 
for  carrying  each  person  with  one  trunk,  a  carpet-bag,  a  hat-box, 
or  similar  article,  any  distance  within  the  limits  of  said  city  not 
exceeding  one-half  of  one  mile,  twenty-five  cents,  for  carrying  a 
greater  distance  than  half  a  mile,  one  passenger  with  b'aggage  as 
aforesaid,  fifty  cents,  and  two  passengers  traveling  together,  each 
with  baggage  as  aforesaid,  seventy-five  cents,  and  for  each  addi- 
tional passenger  belonging  to  the  same  party,  twenty-five  cents;  for 
carrying  children  between  the  ages  of  four  and  twelve  years  one- 
half  the  above  rates  only  shall  be  charged;  for  the  use  of  a  public 
carriage  by  the  hour,  two  dollars,  and  at  the  same  rate  for  fractions 
of  an  hour,  after  the  first  hour;  for  going  to  and  from  funerals, 
three  dollars,  and  for  attending  upon  weddings,  two  dollars. 

SEC.  5.  The  name,  of  the  owner,  the  number  of  the  license  and 
the  rates  of  fare,  as  prescribed  by  this  ordinance,  shall  be  conspicu- 
ously exhibited  upon  a  card  placed  upon  the  inside  of  each  public 
carriage,  and  the  number  of  said  license  shall  also  be  fastened  or 
painted  conspicuously  upon  the  outside,  and  upon  each  side  of  said 
vehicle,  and  the  number  of  the  license,  and  the  name  of  the  owner, 
shall  be  fastened  or  painted  conspicuously  upon  the  outside  of 
every  other  licensed  vehicle. 

SEC.  6.  Every  person,  whether  the  owner  or  driver  of  a  public 
carriage  or  other  vehicle,  who  shall'  violate  any  of  the  provisions 
of  this  ordinance,  shall  forfeit  and  pay  for  each  offense  a  penalty 
of  not  less  than  five  nor  more  than  twenty-five  dollars. 


OHAPTEE  XY. 

SALARIES  AND  BONDS. 


SECTION 

1.  City  Clerk,  Judge  of  City  Court,  Clerk 

of  Police  Court,  Auditor,  City  Attor- 
ney, and  Collector. 

2.  Fees  of  City  Sheriff  and  City  Attorney. 


SECTION 

3.  Salaries,  how  paid. 

4.  Bonds  of  city  officers,  requisites  of. 

5.  Bonds,  penalties  of. 

6.  Disbursing  officers  to  give  bonds. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

SECTION  1.     The  salaries  of  the  several  officers,  and  the  fees  for 
the  several  services  hereinafter  mentioned,  shall  be  as  follows,  to 


ORDINANCES    OF   THE   CITY   OF   NEW    BRITAIN.  103 

wit :  the  City  Clerk,  eight  hundred  dollars  per  annum ;  the  Judge  of 
the  City  and  Police  Courts,  eight  hundred  dollars  per  annum;  the 
Auditor,  one  hundred  dollars  per  annum;  the  Clerk  of  the  Police 
Court,  three  hundred  dollars  per  annum ;  the  Collector  of  taxes,  two 
per  cent,  on  the  amount  of  taxes  collected;  the  City  Attorney,  a 
retainer  of  one  hundred  dollars  and  fees,  as  provided  in  section 
second. 

SEC.  2.     The  following  fees  shall  be  paid:  »7&    . 

To  the  City  Sheriff,  >  .f< 

For  each  day's  attendance  of  City  Court,  $1.50. 

For  summoning  a  jury,  same  as  other  legal  processes. 

For  warning  a  city  meeting,  $1.00. 

For  warning  a  meeting  of  the  Common  Council,  $1.00. 

For  serving  processes,  the  same  as  sheriffs. 

To  the  City  Attorney, 

For  complaint  and  attendance  before  the  Police  Court,  the  same 
fees  allowed  grand  jurors  for  like  services. 

For  each  trial  in  the  Police  Court  in  which  the  accused  shall 
appear  by  counsel,  $3.00. 

For  other  services,  usual  fees,  to  be  approved  by  the  Common 
Council. 

SEC.  3.  The  City  Auditor  shall  draw  his  order  monthly  on  the 
City  Treasurer  for  the  payment  of  each  member  of  the  police 
force,  and  for  the  salaries  of  all  other  city  officers:  provided,  that 
the  bills  presented  to  the  Auditor  by  the  said  officers  for  their 
respective  salaries  shall  each  be  separately  approved  by  the  Mayor. 

SEC.  4.  All  bonds  of  city  officers  shall  be  payable  in  said  city 
to  the  Mayor  and  his  successors  in  office,  and  shall  be  executed  by 
the  principal,  and  when  not  otherwise  provided,  two  sufficient 
sureties  to  the  approbation  of  the  Mayor  and  aldermen;  such  bond 
shall  be  conditioned  on  the  faithful  performance  by  the  principal 
of  all  his  official  duties  due  to  said  city  by  virtue  of  his  appoint- 
ment, and  on  his  saving  the  city  harmless  from  all  loss,  cost,  or 
damage,  by  reason  of  his  malfeasance  in  office,  and  on  his  render- 
ing a  true  account  of  all  his  money  dealings  for,  in  behalf  of,  and 
with  said  city,  and  on  his  just  and  true  payment  to  the* City  Treas- 
urer of  all  moneys  in  his  hands  at  any  time  as  an  officer  or  agent 
of  said  city,  for  and  during  the  entire  period  for  which  he  shall 
remain  in  his  office  by  appointment  or  election.  Such  bonds  shall 
be  given  before  such  officer  shall  enter  upon  his  official  duties,  and 


104  ORDINANCES   OP  THE   CITY   OP   NEW   BRITAIN. 

in  case  of  the  refusal  or  neglect  of  such  officer  to  give  such  bonds, 
his  office  shall  be  deemed  vacant. 

SEC.  5.  The  penalties  of  the  bonds  required  of  the  several  city 
officers  shall  be  respectively  as  follows:  of  the  City  Treasurer,  five 
thousand  dollars;  of  the  City  Collector,  three- thousand  dollars;  of 
the  Clerk  of  the  City  and  Police  Courts,  one  thousand  dollars,  and 
of  the  City  Sheriff,  two  thousand  dollars. 

SEC.  6.  *Every  committee  and  every  city  officer,  in  whose  hands 
money  may  be  placed  for  disbursement,  shall,  unless  otherwise  pro- 
vided in  these  ordinances,  first  give  bonds  to  said  city  for  the  faith- 
ful disbursement  of  the  same,  in  such  sums  as  the  Mayor  and 
aldermen  shall  require. 


CHAPTER  XYI. 

SEWERS. 


Sewer  Commissioners,    compensation 

of. 

Sewer  commissioners,  to  give  bonds. 
Sewer  Commissioners,  to  keep  a  record 

of  their  doings  and  report  to  Council.  I 


SECTION 

4.  Sewer  Commissioners,  penalty  for  mak- 
ing sewer  connections  without  con- 
sent of. 


Be  it  ordained  l)y  the  Common  Council  of  the,  City  of  New  Britain  : 

SECTION  1.'  Each  member  of  the  Board  of  Sewer  Commission- 
ers shall  receive  three  dollars  for  each  day  of  actual  employment 
in  the  duties  of  his  office,  and  shall  report  monthly  to  the  Common 
Council  the  number  of  days  of  said  employment  during  the  pre- 
vious month. 

SEC.  2.  Each  member  of  said  Board  of  Sewer  Commissioners 
shall  give  bond,  with  at  least  one  sufficient  surety,  in  the  sum  of 
three  thousand  dollars,  for  the  faithful  performance  of  his  duty. 

SEC.  3.  Said  Board  of  Sewer  Commissioners  shall  keep  a  record 
of  their  official  doings,  and  report  the  same  annually  to  the  Com- 
mon Council,  at  its  first  meeting  in  April. 

SEC.  4.  No  person  or  corporation  shall  make  any  connection  of 
sewers  or  drains  with  any  public  sewers  without  written  permission, 
signed  by  a  majority  of  the  members  of  the  Board  of  Sewer  Com- 
missioners. And  any  person  offending  against  the  provisions  of 
this  section  shall  forfeit  and  pay  a  penalty  of  one  hundred  dollars 
for  each  offense. 


ORDINANCES    OP   THE    CITY    OF    NEW    BRITAIN. 


105 


CHAPTER  XVII. 


STREETS. 


SECTION 

1.  Board  of  Street  Commissioners,  com- 

pensation of. 

2.  Board  of  Street  Commissioners,  Clerk 

of,  duties  and  compensation. 

3.  Board  of  Street  Commissioners,  notice 

by,  how  given. 

4.  Street   Commissioner,    when    elected, 

and  bond  required. 

5.  Street  Commissioner,  duties  of. 

6.  Street  Commissioner,  pay-roll  of  work- 

men, how  made  out  by. 


7.  Street  Commissioner,  digging  up  streets 

without  consent  of. 

8.  Obstructions,  rubbish,  &c.,  removal  of. 

9.  Street  Commissioner,  compensation  of. 

10.  Streets,  opening  of,  consent  of  Common 

Council  required. 

11.  Snow  and    ice,    removal    from    side- 

walks. 

12.  Building  materials  in,  how  guarded  at 

night. 

1.3.    Gas-lights,  lamps,  &c.,  penalty  for  in- 
jury.. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  Each  member  of  the  Board  of  Street  Commission- 
ers shall  receive  at  the  rate  of  three  dollars  for  each  day  of  actual 
employment  in  the  duties  of  his  office,  and  shall  report  monthly 
the  number  pf  days  of  said  employment  during  the  previous 
month. 

SEC.  2.  The  Board  of  Street  Commissioners  shall  appoint  a 
Clerk,  whose  duty  it  shall  be  to  keep  a  record  of  the  doings  of  said 
Board  in  a  book  provided  for  that  purpose,  and  the  compensation 
of  said  Clerk  shall  be  one  hundred  dollars  per  annum. 

SEC.  3.  Before  making  any  assessment  of  damages  and  benefits, 
said  Board  of  Street  Commissioners  shall  give  written  notice  to  the 
parties  interested  of  the  time  and  place  when  and  where  they  will 
meet  to  hear  them,  which  notice  shall  be  served  by  any  proper 
officer  or  indifferent  person  by  reading  the  same  in  the  hearing  of 
each  party  to  be  notified,  or  by  leaving  a  copy  thereof  with  him,  or 
at  his  usual  place  of  abode,  at  least  three  days  before  the  date  of 
such  hearing. 

SEC.  4.  There  shall  be  an  officer  appointed  for  said  city,  to  be 
called  the  Street  Commissioner,  who  shall  be  elected  annually  in 
the  month  of  April,  shall  be  sworn  to  a  faithful  discharge  of  his 
duty,  and  shall  give  bond,  with  sureties,  in  the  sum  of  one  thousand 
dollars. 

SEC.  5.  It  shall  be  the  duty  of  the  Street  Commissioner  to  exe- 
cute, and  supervise  the  execution  of,  all  orders  and  directions  of  the 
Common  Council  relative  to  the  construction,  completion,  altera- 

14 


106  ORDINANCES    OF   THE    CITY    OF   NEW    BRITAIN. 

tion  or  repair  of  all  streets,  highways,  sidewalks,  gutters,  cross- 
walks, and  sewers,  in  said  city,  when  not  otherwise  expressly 
ordered  to  be  done  by  other  officers  or  persons;  to  keep  all  public 
places  and  thoroughfares  free  from  nuisances,  and  from  danger  to 
persons  and  property,  by  causing  the  immediate  repair  of  all  de- 
fects and  the  prompt  removal  of  all  obstructions,  encroachments, 
encumbrances,  and  filth  therein,  and  by  reporting  for  prosecution  all 
violations  of  city  ordinances  relating  thereto;  to  prescribe  the  terms 
and  manner  of  excavating  streets  and  highways,  for  laying  down 
and  taking  up  gas  pipes,  water  pipes,  and  private  sewers,  and  con- 
necting private  sewers  with  public  sewers,  also  the  manner  of 
moving  buildings  through  the  public  streets  and  highways;  to  keep 
a  record  of  complaints,  and  faithfully  enter  therein  all  complaints 
made  to  him  concerning  streets,  sidewalks,  and  all  public  places, 
and  the  breach  of  ordinances  and  orders  relating  thereto;  to  con- 
form to  all  general  rules  and  special  directions  of  the  Common 
Council  relating  to  the  locality,  measurements,  and  materials  of 
public  work;  to  keep  an  accurate  account  of  expenditures  in  his 
department,  to  be  open  at  all  times  to  the  inspection  of  any  mem- 
ber of  the  Common  Council,  to  make  a  written  repoafc,  annually,  to 
the  Common  Council,  at  its  first  meeting  in  April,  of  labors  and 
expenditures  of  the  previous  year,  with  an  approximate  estimate 
of  the  expenses  of  his  department  for  the  year  ensuing;  and  to 
impart  at  any  time  any  information  in  his  power  which  the  Council 
may  call  for  concerning  his  official  action,  or  the  condition  of  his 
department;  to  employ  all  assistants  that  the  discharge  of  his  duties 
may  require;  and  to  make  provisional  contracts,  subject  to  the 
approval  of  the  Common  Council,  for  such  public  works  connected 
with  highways,  streets,  crosswalks,  sidewalks,  gutters,  and  sewers, 
as  ought  in  his  judgment  to  be  done  by  contract. 

SEC.  6.  It  shall  be  the  duty  of  the  Street  Commissioner  to 
make  out  a  pay-roll  each  month,  on  which  shall  be  entered  the 
name  of  every  workman,  the  number  of  hours  of  work  of  each, 
and  the  place  where  such  work  was  done,  including  teams,  if  any, 
price  per  hour,  and  amount.  And  when  such  pay-roll  shall  have 
been  audited  by  the  Committee  on  Claims,  and  payment  ordered 
by  the  Common  Council,  an  order  shall  be  drawn  by  the  Auditor 
for  the  full  amount  of  the  same,  and  the  Auditor  shall  draw  the 
money  on  said  order,  and  shall  pay  workmen  on  a  fixed  day,  each 
month,  but  shall  not  pay  any  moneys  except  upon  the  signing  of  a 


ORDINANCES    OF  THE    CITY    OP    NEW    BRITAIN.  107 

receipt  by  each  workman,  on  said  pay-roll,  unless  by  special  order 
of  the  Common  Council. 

SEC.  7.  Every  person  who  shall,  without  the  consent  of  the 
Street  Commissioner,  or  of  the  Common  Council,  dig  up  or  exca- 
vate any  portion  of  the  streets,  highways,  sidewalks,  or  gutters  of 
said  city,  or  shall  place  thereon  any  earth,  stones,  rubbish,  or  other 
obstruction  to  the  public  use  or  travel,  or  shall  aid,  assist,  or  abet 
in  any  of  said  acts,  shall  for  each  offense  pay  a  penalty  of  ten  dol- 
lars. 

SEC.  8.  Every  person  who,  after  having  been  notified  by  the 
Street  Commissioner  to  fill  up  any  excavation  or  opening  in  any  of 
the  highways,  streets,  sidewalks,  or  gutters  of  said  city,  made,  or 
procured  to  be  made  by  him,  or  to  remove  therefrom  any  obstruc- 
tions, rubbish,  earth,  or  stones  placed  thereon  by  him,  or  by  his 
procurement,  shall  neglect  or  refuse  so  to  do  within  the  time 
limited  in  such  notice,  shall  pay  for  each  offense  a  penalty  of  ten 
dollars;  and  such  neglect  or  refusal  for  each  twenty-four  hours 
after  the  expiration  of  the  time  limited  in  such  notice,  shall  be 
deemed  a  separate  and  distinct  offense. 

SEC.  9.  The  compensation  of  the  Street  Commissioner  shall  be 
three  dollars  per  day  for  each  day  of  actual  service,  and  he  shall 
report  monthly  to  the  Common  Council  the  number  of  days  of 
actual  service  during  the  preceding  month. 

SEC.  10.  No  street,  or  public  thoroughfare,  or  part  of  any 
street,  or  public  thoroughfare,  shall  be  laid  out  or  opened  to  the 
public  use  within  the  limits  of  said  city,  except  by  the  direction  of,  or 
with  the  consent  of,  the  Common  Council  first  obtained,  and  if  any 
person  or  corporation  shall  lay  out  or  open  any  street,  or  public 
thoroughfare,  or  part  of  any  street,  or  public  thoroughfare  within 
the  limits  of  said  city,  without  such  consent  or  direction,  such 
person  or  corporation  so  offending  shall  forfeit  and  pay  a  penalty 
of  fifty  dollars,  and  a  further  penalty  of  fifty  dollars  for  each  period 
of  ten  days  during  which  such  street,  or  part  of  street,  public 
thoroughfare,  or  part  of  a  public  thoroughfare,  shall  remain  open 
and  accessible  to  the  public,  and  the  original  opening  aforesaid,  and 
each  continuance  of  ten  days,  as  aforesaid,  shall  constitute  a  sep- 
arate and  distinct  offense. 

SEC'.  11.  Every  person  or  corporation  owning  or  occupying  any 
land  fronting  upon  any  sidewalk  within  said  city,  shall,  -within  six 
hours  of  daylight  immediately  following  the  cessation  of  any  fall 
of  snow  or  accumulation  of  ice  thereon,  cause  the  same  to  be  re- 


108  ORDINANCES   OP  THE   CITY   OF   NEW   BRITAIN. 

moved,  so  that  the  passing  upon  said  sidewalk  shall  not  be  ob- 
structed, dangerous,  or  inconvenient;  and  upon  failure  so  to  do 
within  the  time  limited,  shall  forfeit  and  pay  a  fine  of  five  dollars  ; 
and  after  the  expiration  of  the  time  limited,  as  aforesaid,  if  such 
snow  or  ice  shall  not  have  been  removed,  it  shall  be  the  duty  of 
the  Street  Commissioner  to  remove  the  same  at  the  expense  of 
such  owner  or  occupier;  and  such  expense  shall  be  recoverable  of 
the  owner  or  occupier  in  default,  as  aforesaid,  by  an  action  brought 
upon  this  ordinance  in  the  name  of  said  city. 

SEC.  12.  Whenever  any  lumber,  brick,  mortar,  or  other  mate- 
rials used  in  building,  shall  necessarily  be  left  out  over  night  in  any 
street  of  said  city,  whether  with  the  consent  of  the  Common 
Council  or  otherwise,  the  owner  thereof  shall  cause  to  be  placed 
over  or  near  the  same,  in  some  conspicuous  place,  a  large,  well- 
lighted  lamp  or  lantern,  which  shall  be  kept  burning  from  dark 
to  daybreak;  and  every  person  offending  against  this  provision  of 
this  ordinance  shall  forfeit  and  pay  a  penalty  of  ten  dollars  for  each 
offense. 

SEC.  13.  Any  person  who  shall  willfully  or  maliciously  cut, 
break,  injure,  destroy,  or  deface  any  gas-light,  lamp,  lantern,  post, 
or  frame,  erected  or  maintained  by  the  Common  Council  for  the 
purpose  of  lighting  the  streets  of  said  city,  or  shall  light  or  extin- 
guish any  public  gas -lamp  or  other  light  without  proper  authority, 
or  in  any  way  willfully  or  maliciously  interfere  with  the  proper 
use  or  management  of  the  public  lights  in  said  city,  shall  forfeit 
and  pay  a  penalty  of  fifteen  dollars  for  each  offense. 


OHAPTEE  XVIIL 

TAXES. 

SECTION-  i  SECTION 


1.  To  be  levied  on  town  list  last  made. 

2.  Assessment  list  and  rate-bill,  how  and 

by  whom  prepared. 

3.  Rate-bill    makers  and  assessors,  com- 

pensation of. 


4.  Warrant    for   collection   of,   by  whom 

issued. 

5.  Abatement  of. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.     Whenever  said  city  shall  lay  a  tax.  the  same  shall 
be  levied  upon  the  polls  and  ratable  estate  liable  to  taxation  therein, 


ORDINANCES   OP   THE   CITY   OF   NEW    BRITAIN.  109 

as  set  and  entered  in  the  assessment  list  of  the  town  of  New  Britain 
last  made  and  completed. 

SEC.  2.  It  shall  be  the  duty  of  the  finance  committee  of  the 
Common  Council,  when  any  city  tax  shall  be  laid,  to  cause  to  be 
prepared  by  some  proper  person  to  be  called  the  city  rate-bill 
maker,  a  full  and  complete  city  assessment  list,  in  preparing  which 
list  no  change  shall  be  made  from  the  valuations  in  said  town  list: 
provided,  however,  that  when  it  shall  appear  that  any  real  estate, 
assessed  in  said  town  list  as  one  parcel,  is  situated  partly  within  and 
partly  without  said  city,  or  that  any  real  estate  situated  wholly 
within  said  city  has  been  omitted  from  said  town  list,  or  that  any 
real  estate  has  changed  ownership  since  said  town  list  was  made, 
then  in  either  of  said  cases,  the  finance  committee  of  the  Common 
Council  shall  apply  to  one  or  more  of  the  town  assessors  for  the 
time  being,  who  shall  assess  the  value  of  such  real  estate,  and  the 
same  shall  be  placed  in  the  city  assessment  list  at  the  valuation  so 
established,  and  the  value  as  so  fixed  of  any  transferred  real  estate 
shall  be  deducted  from  the  list  of  the  person  in  whose  name  it 
stood  on  said  town  assessment  list.  The  said  city  list  being  so 
prepared,  shall  be  deposited  with  the  City  Clerk  and,  within  twenty 
days  thereafter,  the  finance  committee  shall  meet  at  some  convenient 
place  in  said  city,  having  given  notice  of  the  time  and  place  of 
such  meeting  in  a  newspaper  in  said  city,  at  least  ten  days  before 
holding  the  same,  to  hear  and  act  upon  the  complaints  of  all  per- 
sons or  corporations  claiming  to  be  aggrieved  by  such  amendatory 
action  of  said  assessors  or  their  failure  to  amend  said  list  on  appli- 
cation as  aforesaid,  and  for  that  purpose  shall  have  the  powers  of 
town  boards  of  relief;  and  said  city  assessment  being  so  perfected 
by  the  finance  committee  and  certified  by  them,  shall  be  lodged 
with  the  City  Clerk,  and  shall  be  the  basis  of  taxation  by  said  city 
until  the  next  town  assessment  shall  have  been  made  and  com- 
pleted. It  shall  also  be  the  duty  of  said  rate-bill  maker  to  make 
out  and  certify  a  rate-bill  setting  forth  the  proportion  which  each 
taxable  person  or  corporation  shall  pay  according  to  law. 

SEC.  3.  The  city  rate-bill  maker  shall  be  sworn  to  faithfully 
discharge  the  duties  of  his  office,  and  said  rate-bill  maker  and 
assessors  shall  receive  such  reasonable  compensation  as  the  Common 
Council  shall  allow.  . 

SEC.  4.  When  said  rate-bill  shall  have  been  made  out,  the 
Mayor  of  said  city  or  one  of  the  aldermen  thereof,  shall  issue  his 
warrant  for  the  collection  of  the  same,  directed  to  the  collector, 


110 


ORDINANCES   OF   THE    CITY    OF    NEW    BRITAIN. 


commanding  and  empowering  him  to  collect  and  pay  the  same  to 
the  City  Treasurer  within  a  time  limited  therein,  which  shall  not 
be  less  than  three  months  from  the  date  of  such  warrant. 

SEC.  5.  The  finance  committee  shall  have  power  to  abate  the 
taxes  of  such  persons  in  said  city,  as  are  poor  and  unable  to  pay 
the  same. 


CHAPTER  XIX. 


TRADE. 


SECTIOS 

1 .  What  venders  of  goods  on  public  streets 

require  a  license. 

2.  Gunpowder  limited  to  one  pound  with- 

out license. 

3.  Gunpowder  limited  to  fifty  pounds  with 

license. 

4.  Gunpowder,  transportation  of  through 

city. 

5.  Penalty  for  violating   three    previous 

sections. 

C.    Nitre-glycerine   forbidden   within  city 
limits. 

7.  Fees  for  trade  license,  prescribed  by 

licensi-  committee. 

8.  Sealer  of  weights  ard  measures,  ap- 

pointment aud  duties. 


SECTION 

9.    Weights  and  measures  not  sealed,  pen- 
alty for  using. 

10.  Sealer  of  weights  and  measures,  inspec- 

tion fees. 

11 .  Sealer  of  weights  and  measures,  to  visit 

places  where  weights  and  measures 
are  used. 

12.  Sealer   of  weights   and    measures   to 

inspect    weights    and    measures    of 
peddlers. 

13.  Sealer  of  weights  and  measures,  police- 

men to  assist,  and  report  to  him  vio- 
lations of  ordinance. 

14.  Sealer  of  weights  and  measures,  ob- 

structing or  hindering,  penalty. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  No  person  shall  vend  upon  the  public  streets  of  said 
city,  any  groceries,  provisions,  fruits,  vegetables,  or  other  merchan- 
dise, at  any  private  or  public  sale  or  auction,  unless  such  person 
shall  have  a  license  from  the  Common  Council  or  the  license  com- 
mittee thereof  -.provided,  that  this  section  shall  not  extend  to  sales 
by  farmers,  gardeners,  and  fish  venders,  of  the  products  of  the 
farms,  gardens,  and  waters  of  this  State  ;  and  any  person  offending 
against  any  provision  of  this  section  shall  forfeit  and  pay  a  penalty 
of  ten  dollars  for  each  offense. 

SEC.  2.  No  person  shall  keep  or  have  for  sale,  or  any  other 
purpose,  in  any  house,  store,  or  other  building  within  the  limits  of 
said  city,  more  than  one  pound  of  gunpowder,  without  previous 
license  of  the  Common  Council  or  the  license  committee  thereof. 

SEC.  3.     No  person  licensed  to  keep  or  sell  gunpowder  pursuant 


ORDINANCES    OF   THE    CITY    OF   NEW    BRITAIN.  Ill 

hereto,  shall  have  on  hand  at  any  one  time  more  than  fifty  pounds 
in  weight,  and  the  same  shall  be  kept  in  a  chest  of  copper,  tin,  or 
some  other  incombustible  material,  marked  on  the  front  with  the 
word  "gunpowder,"  which  chest  shall  have  two  stout  handles,  and 
a  tight  lid  or  cover  with  hinges,  and  no  person  shall  sell  any  gun- 
powder except  between  sunrise  and  sunset. 

SEC.  4.  No  person  without  license  shall  transport  any  gunpowder 
through  said  city  or  any  street  thereof,  at  any  other  time  than 
between  the  rising  and  setting  of  the  sun,  nor  in  quantities  of  more 
than  one  hundred  pounds  at  any  one  time,  in  any  one  vehicle,  and 
only  in  accordance  with  the  terms  of  the  permission,  which  shall  be 
first  obtained  of  the  Chief  Engineer  of  the  Fire  Department  of  said 
city. 

SEC.  5.  Any  person,  offending  against  any  of  the  provisions  of 
the  three  preceding  sections  of  this  ordinance,  shall  forfeit  and 
pay  a  penalty  of  not  less  than  twenty  nor  more  than  one  hundred 
dollars  for  each  offense,  and  a  like  penalty  for  every  day  that  such 
person  shall  have,  keep,  or  possess  any  gunpowder  contrary  to  the 
provisions  of  said  sections. 

SEC.  6.  No  person  shall  have,  keep,  or  possess,  or  bring  within 
the  limits  of  said  city  any  of  the  compound  known  as  nitro-glycerine, 
and  any  person,  so  offending,  shall  forfeit  and  pay  a  penalty  of  one 
hundred  dollars,  and  a  like  penalty  for  every  day  that  such  person 
shall  have,  keep,  or  possess  any  of  said  compound  within  said  city. 

SEC.  7.  The  license  committee  of  the  Common  Council  shall 
prescribe  fees,  (subject  to  appeal,  by  any  party  interested,  to  said 
Council,)  for  issuing  licenses  for  any  of  the  purposes  aforesaid. 

SEC.  8.  .  There  shall  be  appointed  annually  in  the  month  of 
April  by  the  Common  Council  a  sealer  of  weights  and  measures, 
whose  duty  it  shall  be  to  annually  inspect,  prove  correct,  and  seal 
all  measures,  scales,  steelyards,  and  weights  used  for  weighing  or 
measuring  by  any  person  in  doing  business  within  said  city,  accord- 
ing to  the  standards  of  the  city  of  New  Britain.  All  such  meas- 
ures, scales,  steelyards,  and  weights  as  are  found,  or  made,  to  cor- 
respond and  agree  with  said  standards  shall  be  marked  or  sealed 
with  the  letters  N.  B.  S.  In  addition  to  said  annual  inspection 
said  sealer  of  weights  and  measures  shall,  when  requested  by  any 
person,  try  and  test  by  said  standards  the  measures,  scales,  steel- 
yards, and  weights  used  by  any  person  doing  business  within  said 
city. 

SEC.  9.  Any  person  who  shall,  within  the  limits  of  said  city,  use 
any  weight  or  measure  to  ascertain  the  length,  weight,  or  quantity 


112  ORDINANCES   OF   THE    CITY    OF   NEW    BRITAIN. 

of  any  article  by  him  sold,  which  weight  or  measure  has  not  been 
marked  or  sealed  by  said  sealer  of  weights  and  measures  in  the 
manner  provided  in  the  eighth  section  of  this  ordinance,  or  who 
shall  knowingly  and  with  intent  to  defraud,  sell  any  article  as  or 
for  a  greater  weight,  measure,  or  quantity  than  such  article  does  in 
fact  weigh  or  measure  according  to  said  standards,  shall  forfeit  and 
pay  a  penalty  of  not  less  than  two,  nor  more  than  twenty  dollars. 

SEC.  10.  The  owner  of  the  several  measures,  scales,  steelyards, 
and  weights  shall  pay  said  sealer  of  weights  and  measures  for  each 
annual  inspection  made  as  required  by  section  eight  of  this  ordi- 
nance:— For  testing  each  set  of  weights,  twenty-five  cents;  set  of 
measures  from  gill  to  gallon,  twenty-five  cents;  each  yardstick;  five 
cents;  set  of  measures,  dry,  twenty -five  cents;  for  each  scale,  steel- 
yard, balance,  or  basket,  the  sum  of  twenty-five  cents  each  ;  for  each 
weight  or  measure  less  than  a  set,  the  sum  of  five  cents  each. 
When  an  additional  inspection  shall  be  made  as  provided  in  section 
eight  of  this  ordinance,  the  expenses  of  such  inspection  shall  be 
paid  by  the  person  requesting  the  same. 

SEC.  11.  The  sealer  of  weights  and  measures  shall  visit  from 
time  to  time,  as  he  shall  deem  necessary,  all  places  in  said  city  where 
scales,  weights,  or  measures  of  any  kind  are  used  in  buying  or  sell- 
ing any  article  of  merchandise,  and  inspect  such  scales,  weights,  or 
measures,  as  have  not  been  inspected  within  one  year,  and  proceed 
as  provided  in  section  eight. 

SEC.  12.  It  shall  be  the  duty  of  the  sealer  of  weights  and 
measures,  and  it  shall  be  lawful  for  him  to  enter  any  store,  house,, 
or  any  other  building  or  yard  in  said  city,  where  weights'  or  meas- 
ures are  used  for  the  purpose  of  buying '  or  selling  any  article,  at 
any  reasonable  hour,  to  inspect  any  scales,  weights,  or  measures 
contained  therein,  and  it  shall  be  lawful  for  him  to  inspect  the 
scales,  weights,  or  measures  of  any  itinerant  merchant  or  peddler 
of  fruits,  vegetables,  or  other  articles  of  merchandise  in  said  city. 

SEC.  13.  It  shall  be  the  duty  of  eveiy  policeman  to  assist  the 
sealer  of  weights  and  measures  when  required,  and  to  report  to 
him  any  violation  within  his  knowledge,  of  any  provisions  of  this 
ordinance  relating  to  the  use  of  weights  and  measures,  and  the 
sealer  of  weights  and  measures  shall  report  the  same  to  the  city 
attorney  for  prosecution  forthwith. 

SEC.  14.  Every  person  who  shall  hinder  or  obstruct  said  sealer 
of  weights  and  measures  in  the  discharge  of  the  duties  herein  im- 
posed upon  him,  shall  forfeit  and  pay  for  each  offense  a  penalty  of 
ten  dollars. 


ORDINANCES    OP   THE   CITY    OP   NEW    BRITAIN. 


113 


CHAPTER  XX. 

WATER. 


SECTION 

1.  Acting  Water  Commissioner,  and  com- 

pensation of  Commissioners. 

2.  Annual  report  of. 

3.  Bonds  of. 


SECTION 

4.  Using  or   introducing   water  without 

consent  of  Commissioners. 

5.  Plumbers,  penalty  for  violating  sec.  4. 

6.  Waste  of. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SECTION  1.  The  Chairman  of  the  Board  of  "Water  Commission- 
ers shall  be  the  Acting  Commissioner,  and  to  him  the  discharge  of 
the  active  duties  of  the  Board  shall  pertain,  including  the  receipt 
and  disbursement  of  all  moneys  and  funds.  Such  Acting  Com- 
missioner shall  receive,  as  compensation  for  his  services,  the  sum 
of  three  dollars  for  each  day  of  actual  employment,  and  shall 
report  monthly  to  the  Common  Council  the  number  of  days  of 
actual  employment  during  the  previous  month;  and  said  sum  per 
day  shall  also  be  received  by  each  of  the  other  Commissioners 
whenever  his  active  services  shall  be  required. 

SEC.  2.  It  shall  be  the  duty  of  the  Water  Commissioners  to 
report,  annually,  to  the  Common  Council,  at  its  first  meeting  in 
April,  a  classified  statement  of  all  sums  received  by  them  from 
all  sources,  and  all  expenditures  incurred  by  them,  together  with 
a  general  exhibit  of  the  existing  state  of  the  water-works  and  the 
finances  relating  thereto,  which  report,  having  been  duly  audited, 
shall  be  recorded  by  the  City  Clerk  and  published  in  such  manner 
as  the  Common  Council  shall  direct.  They  shall  also  report  at  any 
time  upon  call  of  the  Common  Council. 

SEC.  3.  Each  of  the  Water  Commissioners  shall  give  bond,  with 
at  least  one  sufficient  surety  for  the  faithful  performance  of  his  duty, 
the  acting  Commissioner  in  the  sum  of  five  thousand  dollars,  and  the 
others  in  the  sum  of  five  hundred  dollars  each. 

SEC.  4.  Any  person,  who  shall  cause  or  allow  water  from  the 
water- works  of  said  city  to  be  introduced  upon  premises  owned  or 
occupied  by  him,  or  who  shall  use  an  additional  quantity  of  said 
water,  or  shall  use  it  for  a  purpose  different  from  that  fdr  which  it 
has  previously  been  used  by  him,  without  first  obtaining  the  written 
consent  of  at  least  one  of  the  Water  Commissioners  of  said  city, 
shall  forfeit  and  pay  for  each  offense  a  penalty  of  not  less  than 
five  nor  more  than  twenty  dollars. 
15 


114  ORDINANCES    OF   THE    CITY    OF    NEW    BRITAIN. 

SEC.  5.  Any  person  who  shall  do  the  plumbing,  or  any  part 
thereof,  necessary  to  be  done  for  the  commission  of  any  of  the 
acts  mentioned  in  section  four,  knowing  that  the  consent  therein 
required  has  not  been  obtained,  shall  be  deemed  guilty  of  a  viola- 
tion of  this  ordinance,  and  shall  be  sub'ject  to  the  penalty  above 
named. 

SEC.  6.  No  owner  or  occupant  of  any  premises  shall  allow  any 
unnecessary  waste  of  the  public  or  "  Shuttle  Meadow  "  water;  and 
whenever  any  such  waste  occurs,  such  owner  or  occupant  shall 
forfeit  and  pay  for  each  offense  a  penalty  of  not  less  than  five  nor 
more  than  twenty-five  dollars. 


CHAPTER    XXI. 

AN  ORDINANCE  TO  CARRY  INTO  EFFECT  THE 
REVISION  OF  THE  ORDINANCES. 


SECTION 

1.     Revised  ordinances, 
feet. 


SECTION 

2.  To  be  operative  without  publication  in 

newspaper.  * 

3.  Record  copy. 


Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain. 

SECTION  1.'  On  and  after  the  first  day  of  January,  1877,  the 
revision  of  the  ordinances  of  said  city,  adopted  November  1, 
1876,  as  the  same  have  been  revised,  arranged  and  incorporated 
together,  and  published  under  the  supervision  of,  and  by  the 
committee  on  ordinances,  in  accordance  with  a  resolution  of  the 
Common  Council  passed  May  3,  1876,  shall  be  and  remain  the 
ordinances  of  said  city,  and  be  entitled  the  Ordinances  of  the  City 
of  New  Britain. 

SEC.  2.  And  whereas  the  ordinances  of  said  city  have  hereto- 
fore, as  they  were  passed,  been  published  in  a  newspaper  as  re- 
quired by  the  ordinance  approved  April  29,  1871,  said  revision 
shall  be  valid  and  operative  without  publication  in  any  newspaper, 
notwithstanding  said  ordinance  of  April  29,  1871. 

SEC.  3.  One  copy  of  said  ordinances  as  published  by  said  com- 
mittee on  ordinances,  shall  be  by  them  deposited,  and  thereafter 
kept,  in  the  office  of  the  City  Clerk  who  shall  annex  thereto  a 


STANDING   RULES   OF  THE   COMMON   COUNCIL.  115 

certificate  under  his  hand  and  the  seal  of  said  city,  that  the  ordi- 
nances therein  contained  are  the  ordinances  of  said  city,  and  such 
copy  shall  be  an  authentic  record  of  such  ordinances. 


STANDING  RULES  OF  THE  COMMON  COUNCIL  OF  THE 
CITY  OF  NEW  BRITAIN. 


I.  The  Mayor,  or  in  his  absence,  the  Senior  Alderman  present, 
shall  preside,  and  shall  call  the  members  to  order,  and  upon  the 
call  of  the  roll  and  the  appearance  of  a  quorum,  cause  the  records 
of  the  previous  meeting  to  be  read,  that  any  mistakes  in  the  same 
may  be  corrected. 

II.  The  business  in  order  after  reading  of  the  records  of  the 
previous  meeting,  shall  be,  first,  reception  and  disposal  of  petitions, 
and  each  petition  and  memorial  shall  be  referred  to  a  committee, 
unless   the  Council  shall   otherwise  order  ;    second,   reading  and 
disposal  of  reports  of  committees,  reports  of  standing  committees 
to  have  preference  ;  third,  unfinished  business,  including  "orders 
of  the  day  ;  "  fourth,  new  business  ;  fifth,  adjournment. 

III.  The  presiding  officer  shall  preserve  order  and  decorum, 
may  speak  to  questions  of  order  in  preference  to  other  members, 
and  shall  decide  questions  of  order,  subject  to  appeal  to  the  Coun- 
cil by  any  member. 

IV.  Special  committees  shall  be  appointed  by  the  presiding 
officer,  unless  otherwise  specially  directed  ;  and  other  committees 
may  be  chosen  by  nomination  or  resolution. 

V.  Every  petition,  resolution  or  memorial,  shall  be  offered  by 
some  member  of  the  Council,  who  shall  endorse  thereon  his  name, 
and  hand  the  same  to  the  presiding  officer  before  action  by  the 
Council. 

VI.  When  any  member  of  the  Council  is  about  to  speak,  he 
shall  rise  from  his  seat,  and  respectfully  address  the  presiding 
officer,  shall  confine  himself  to  the  question,  and  avoid  personali- 


116  STANDING   RULES   OF   THE    COMMON   COUNCIL. 


ties  or  imputing  to  any  member  improper  motives  ;    and  duri 
debate,  or  when  the  presiding  officer  is  speaking,  no  member  shall 
hold  private  discourse,  or  pass  between  the  speaker  and  the  chair. 

VII.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules  of  the  Council,  the  chair  shall,  or  any  member  may,  call  to 
order,  in  which  case  the  member  so  called  to  order,  shall  sit  down, 
unless  permitted  to  explain.     In  case  of  an  appeal  to  the  Council, 
and  a  decision  in  favor  of  the  member  called  to  order,  he  shall  be 
at  liberty  to  proceed  ;  otherwise,  he  shall  not  be  permitted  to  pro- 
ceed without  leave  of  the  Council. 

VIII.  When  a  motion  is  made  and  seconded,  it  shall  be  stated 
by  the  presiding  officer,  or  being  in  writing,  shall  be  read  aloud 
before  being  debated  ;  every  motion  shall  be  reduced  to  writing, 
at  the  request  of  the  chair,  or  any  member. 

IX.  No  member  shall  speak  more  than  twice  on  the  same 
question,  without  leave  of  the  Council,  unless  to  explain. 

X.  When  a  motion  is  stated  by  the  presiding  officer,  it  shall 
be  deemed  to  be  in  possession  of  the  Council,  but  may  be  with- 
drawn at  any  time  before  decision  or  amendment,  but  not  after 
amendment,  unless  the  Council  give  leave,  and  when  a  motion  has 
been  carried,  it  shall  be  in  order  for  any  member  in  the  majority 
to  move  the  reconsideration  thereof,  within  two  meetings  after 
the  one  at  which  such  motion  was  carried,  and  such  motion  shall 
take  precedence  of  all  questions,  except  a  motion  to  adjourn. 

XI.  When  a  question  is  under  debate,  no  motion  shall  be 
received  but  to  adjourn,  to  lay  on  the  table,  to  postpone  to  a  day 
certain,  to  commit  or  amend,  or  to  postpone  indefinitely  ;  which 
several  motions  shall  have  precedence  in  the  order  in  which  they 
stand  arranged.     The  motion  to  adjourn  shall  always  be  in  order, 
that,  and  the  motion  to  lay  on  the  table,  shall  be  decided  without 
debate. 

XII.  The  yeas  and  nays  shall  be  taken  when  called  for  by  any 
member,  and  when  taken,  the  names  of  the  members  shall  be 
called  in  the  order  of  wards. 

XIII.  No  member  shall  be  excused  from  voting  on  any  ques- 
tion, unless  he  is  personally  interested  in  the  result,  or  shall  be 
excused  by  a  vote  of  the  Council,  and  no  member  shall  be  permit- 
ted to  vote  after  the  decision  is  announced  by  the  presiding  officer. 

XIV.  No  rules  shall  be  suspended,  except  by  a  vote  of  two- 
thirds  of  the  members  present. 


AMENDMENTS  TO  THE  OEDINANCES, 

PASSED  BY  THE  COMMON  COUNCIL  PREVIOUS  TO  JULY  1,  1881. 


DOGS. 

AN  ORDINANCE  IN  ALTERATION  OF  AN  ORDINANCE  ENTITLED  "  DOGS." 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

That  Section  2  of  Chapter  V,  of  the  ordinance  entitled  Dogs  be 
amended  by  striking  out  the  words  "between  the  first  day  of 
July  and  the  first  day  of  October  in  any  year." 

FIRE. 

AN  ORDINANCE  IN  ALTERATION  OF  AN  ORDINANCE  ENTITLED  "FiRE." 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  From  and  after  July  1,  1881,  Hose  Company  Nos. 
1  and  3  shall  consist  of  ten  men,  and  Hose  Company  No.  2  shall 
consist  of  eight  men. 

NUISANCE. 

AN  ORDINANCE    IN  ALTERATION   OF    AN  ORDINANCE  ENTITLED 

"  NUISANCE." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

That  Chapter  XI,  Section  l.of  the  ordinances  concerning  Nui- 
sances be  amended  by  inserting  after  the  word  "  City  "  in  the  44th 
line,  the  following  words,  to  wit : 

Or  reassembling  in  like  manner  with  the  same  or  other  persons 
upon  the  same  day  or  evening  after  having  been  so  commanded  to 


AN   ORDINANCE   IN   ALTERATION  OF  AN  ORDINANCE  ENTITLED 
"  NUISANCE." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 
SECTION  1.     The  ordinance  of  said  city  concerning  "  Nuisance," 


118  AMENDMENT   TO    ORDINANCES. 

being  Chapter  XI  of  the  City  Ordinance,  is  hereby  amended  by 
striking  out  the  whole  of  Section  4  in  said  chapter,  and  inserting 
in  lieu  thereof  the  following  : 

SEC.  4.  No  person,  without  the  consent  of  the  Health  commit- 
tee, shall  build  or  maintain  any  privy  or  cess-pool  in  said  city, 
within  forty  feet  of  any  well,  or  twenty-five  feet  of  any  street  line, 
dwelling  house,  shop,  factory,  or  public  building,  nor  without  leav- 
ing at  least  two  feet  of  solid  earth  or  mason  work  laid  in  cement 
between  such  privy  or  cess-pool  and  the  lot  adjoining. 

POLICE. 
AN  ORDINANCE  IN  ALTERATION  OF  AN  ORDINANCE  ENTITLED  "  POLICE." 

Be  it  ordained  ly  the  Common  Council  of  the  City  of  New  Britain  : 

That  Section  10  of  Chapter  XIII  of  the  city  ordinances  be,  and 
the  same  is  hereby  amended  so  as  to  read  as  follows  : 

Any  Policeman  who  shall  act  as  Constable  of  the  town  of  New 
Britain,  or  who  shall  act  as  any  other  officer  of  said  town  in  any 
capacity  in  which  he  is  entitled  to  receive  salary,  fees,  or  emolu- 
ments, or  who  shall  engage  in  any  business  interfering  at  all  with 
his  duties  as  Policemen,  shall  be  deemed  to  have  tendered  his  res- 
ignation as  Policeman,  and  the  same  shall  be  accepted  by  the  Com- 
mon Council,  and  his  place  as  Policeman  be  filled  or  declared 
vacant. 

PUBLIC  CONVEYANCES. 

Resolved. — That  the  ordinance  relative  to  Public  Conveyances  so 
much  of  Section  4  as  relates  to  funerals  and  weddings,  be  chang- 
ed to  read  as  follows: 

For  going  to  and  from  funerals,  two  dollars ;  and  for  attending 
weddings,  three  dollars. 

AN  ORDINANCE  AMENDING  THE  ORDINANCE  RELATIVE  TO  "PUBLIC 
CONVEYANCES." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  Neio  Britain  : 

SECTION  1.  That  Chapter  XIV  of  the  Ordinances  of  said  city, 
being  an  ordinance  concerning  Public  Conveyances,  be  amended 
as  follows  : 

By  striking  out  in  Section  2  of  said  ordinance  all  after  the  word 
"  city  "  in  the  second  line  of  said  section  and  before  the  word 


CITY    OP    NEW    BRITAIN.  119 

"unless  "  in  the  fifth  line  of  the  same  section,  so  that  said  section 
shall  read:  "  No  public  carriage  shall  be  used  within  the  limits  of 
said  city,  unless  the  same  shall  be  duly  licensed  by  the  Chief  of 
Police,  and  every  such  license  shall  be  in  writing  and  expire  on  the 
first  Monday  of  May  succeeding  its  date,  and  shall  be  recorded  before 
being  issued  by  said  Chief  of  Police,  in  a  book  kept  for  the  pur- 
pose ;  "  and  by  striking  out  in  Section  3  of  said  Ordinance  the 
words  '•  or  other  vehicles  "  in  the  first  line  of  said  section. 

SALARIES  AND  BONDS. 

AN    ORDINANCE   IN   ALTERATION   OF   AN    ORDINANCE   ENTITLED 
"SALARIES  AND  BONDS." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  Neio  Britain : 

That  Section  1  of  Chapter  XV  of  the  ordinances  entited  Sala- 
ries and  Bonds  be  amended  by  striking  out  the  words  "two  per 
cent,  on  the  amount  of  taxes  collected,"  and  inserting  in  their 
place  the  words,  "  one  per  cent,  on  the  amount  paid  into  the  Treas- 
ury of  taxes  on  which  a  discount  of  five  per  cent,  is  made,  and 
three  and  one-half  per  cent,  on  the  remainder  of  the  taxes  collected, 
and  one  per  cent,  on  the  amount  of  Street,  Sewer,  and  Stream 
assessments  collected." 

AN   ORDINANCE  IN    ALTERATION   OF    AN   ORDINANCE   ENTITLED 
"  SALARIES  AND  BONDS." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

That  Section  1,  Chapter  XV,  of  the  Ordinances  entitled  "  Sala- 
ries and  Bonds,  "  be  amended  by  striking  out  the  words  "  of  five 
per  cent."  and  by  substituting  in  place  of  the  words,  "three  and 
one-half  per  cent,  on  the  remainder  of  the  taxes  collected,"  the 
words  "one  and  one-half  per  cent,  on  the  amount  of  taxes  collect- 
ed on  which  no  discount  is  made." 

AN   ORDINANCE   IN   ALTERATION    OF   AN   ORDINANCE   ENTITLED 
"  SALARIES  AND  BONDS." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

The  city  Ordinance  concerning  Salaries  and  Bonds  as  contained 
in  Chapter  XV  of  the  city  ordinances  is  hereby  amended  by  strik- 
ing out  the  word  ''five"  in  the  second  line  of  Section  five  of  said 


120  AMENDMENTS  TO    ORDINANCES. 

Chapter,  and  inserting  in  lieu  thereof  the  word  "fifteen,"  and  by 
striking  out  the  word  "three"  in  the  third  line  of  said  Section 
and  inserting  in  lieu  thereof  the  word  "  five." 

SEWERS. 

AN   ORDINANCE    IN   ALTERATION   OF   AN    ORDINANCE   RELATIVE   TO 
"  SEWERS." 

Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

That  Chapter  XVI  of  the  Ordinances  of  said  city,  being  an  Ordi- 
nance concerning  Sewers,  be  and  the  same  is  hereby  amended  by 
striking  out  the  whole  of  Section  .5  of  said  ordinance,  and  enacting 
in  lieu  thereof  the  following: 

SEC.  5.  No  person  or  corporation  shall  allow  steam  from  the 
premises  owned  and  occupied  by  them  to  enter  any  public  sewer, 
nor  shall  they  without  the  consent  of  the  Common  Council  first  ob- 
tained, allow  air  to  be  forced  from  such  premises  into  any  sewer, 
by  means  of  a  blower  or  otherwise,  and  any  person  offending 
against  the  provisions  of  this  Section,  shall  forfeit  and  pay  to  the 
city  a  penalty  of  fifty  dollars  for  each  offense,  and  each  week's  con- 
tinued violation  shall  constitute  a  separate  offense. 

WATER. 

AN  ORDINANCE  IN  ADDITION  TO  AN  ORDINANCE  ENTITLED  "WATER." 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain  : 

SEC.  7.  The  Water  Commissioners  may  cause  the  water  of  the 
Water  Works  of  said  City  to  be  shut  off  from  the  premises  of  any 
person  or  corporation  neglecting  or  refusing  to  pay  rent  for  the 
use  of  said  water  within  the  time  limited  for  the  payment  thereof 
in  the  rules  and  regulations  adopted  by  said  Commissioners  for 
said  Water  Works,  or  for  the  willful  neglect  or  violation  of  any  of 
said  rules  and  regulations ;  and  any  person,  who,  without  the  writ- 
ten consent  of  at  least  one  of  said  Commissioners,  shall  again  let 
on  said  water  on  the  premises  of  the  person  or  corporation  so  neg- 
lecting or  offending,  shall  forfeit  and.  pay  a  penalty  of  not  less  than 
five  nor  more  than  twenty  dollars  for  each  offense. 


CITY   OF   NEW   BRITAIN.  121 

CITY  AUDITOR. 

AN  ORDINANCE  CONCERNING  THE  DUTIES  OF  THE  CITY  AUDITOR. 
Be  it  ordained  by  the  Common   Council  of  the  City  of  New  Britain: 

SECTION  1.  It  shall  be  the  duty  of  the  City  Auditor,  in  audit- 
ing the  accounts  of  the  City  Collector,  to  ascertain  the  amount  of 
taxes  uncollected  and  due  the  city  on  each  and  every  city  rate  bill, 
and  also  the  amounts  due  the  city  on  all  warrants  for  the  collec- 
tion of  assessments  on  account  of  public  improvements  of  all  kinds, 
and  to  report  the  same  to  the  Common  Council. 

THE  PUBLIC    PARK. 

AN  ORDINANCE  CONCERNING  THE  PUBLIC  PARK. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain: 

SECTION  1.  No  person  shall  trample  upon  the  grass  or  grounds 
outside  of  the  regular  walks  in  the  public  Park  of  the  city  oppo- 
site the  Center  Church,  or  injure  any  of  the  trees,  plants,  flowers, 
or  shrubbery  thereon,  or  commit  any  nuisance  in  or  about  said 
park. 

SEC.  2.  Any  person  who  shall  violate  the  provisions  of  this 
ordinance  shall  forfeit  and  pay  a  penalty  of  not  less  than  one  nor 
more  than  twenty  dollars  for  each  offense. 

FIRE  ALARM  TELEGRAPH. 

AN  ORDINANCE  IN  REFERENCE  TO  THE  FIRE  ALARM   TELEGRAPH. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  New  Britain : 

SECTION  1.  No  person  shall  post  or  in  any  manner  affix  any 
placards,  bills,  or  notice,  either  written  or  printed,  upon  any  of  the 
Fire  Alarm  Telegraph  poles  or  boxes  in  said  city. 

SEC.  2.  No  person  shall  hitch  or  fasten  any  horse  or  other  ani- 
mal to  any  of  the  Fire  Alarm  Telegraph  poles  is  said  city. 

SEC.  3.  No  person  shall  willfully  injure,  deface,  or  in  any  man- 
ner interfere  with  any  of  the  Fire  Alarm  Telegraph  poles,  boxes, 
wires,  or  any  of  the  apparatus  connected  with  the  Fire  Alarm  Tele- 
graph. 

SEC.  4.  Any  person  offending  against  any  of  the  provisions  of 
this  ordinance,  shall  forfeit  and  pay  for  each  offense  a  penalty  of 
not  less  than  five  nor  more  than  twenty-five  dollars. 


122  AMENDMENTS   TO    CHARTER. 


AMENDMENTS  TO  THE  CITY  CHARTER 

AN  ACT  IN  ADDITION  TO  AN  ACT  INCORPORATING  THE  ClTY  OF  NEW 
BRITAIN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened: 

SECTION  1.  Whenever  any  of  the  members  of  the  Board  of 
Street  Commissioners  of  said  city  shall  be  disqualified,  by  interest 
or  otherwise,  from  acting  in  any  case  before  said  board,  the  mayor 
of  said  city,  by  and  with  the  advice  of  any  two  of  the  aldermen  of 
said  city,  may  appoint  one  or  more  disinterested  freeholders  of  said 
city  to  fill  the  places  of  the  members  so  disqualified,  and  such  per- 
sons having  been  sworn  by  the  clerk  of  said  city  to  a  faithful  and 
impartial  discharge  of  their  duties,  and  a  certificate  of  such  ap- 
pointment and  the  administration  of  such  oaths  having  been  re- 
corded in  the  records  of  said  city,  all  the  procedings  before  said 
board  shall  be  as  now  provided  in  the  charter  of  said  city  and  the 
amendments  thereof. 

SEC.  2.  The  persons  appointed  in  accordance  with  the  preced- 
ing section  shall  receive  the  same  compensation  as  the  regular  mem- 
bers of  said  board,  but  they  shall  act  only  in  the  cases  for  which 
they  were  appointed,  and  in  all  other  cases  the  regular  members  of 
said  board  shall  act  as  before. 

SEC.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Approved,  March  26,  1878. 

AN    ACT    AMENDING  THE    CHARTER    OF  THE  CITY    OF    NEW  BRITAIN. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened  : 

SECTION  I.  That  an  Act  incorporating  the  city  of  New  Britain, 
passed  by  the  General  Assembly  of  this  State  at  the  May  session 
thereof,  A.D.  1870,  and  approved  July  15,  1870,  be  amended  by 
adding  after  the  word  "the,"  and  before"  the  word  "absence  "  in 
the  third  line  of  section  fifteen,  the  word  "death." 

SEC.  2.  In  all  cases  where  liens  are  created  by  said  Act  incor- 
porating the  city  of  New  Britain,  or  by  the  acts  amendatory  thereof 
or  in  additions  thereto,  on  accpunt  of  public  improvements  of  any 
kind  in  said  city,  such  liens  shall,  if  an  appeal  shall  be  taken  from 


CITY   OF   NEW   BRITAIN.  123 

the  appraisal  of  damages  or  assessment  of  benefits,  or  both,  con- 
tinue to  exist  for  a  period  of  sixty  days  after  the  passage  of  the 
final  decree  of  the  court  or  judge  having  jurisdiction  of  such  ap- 
peal, or  after  termination  of  the  appeal  proceedings,  but  not  longer, 
unless  within  such  time  a  certificate  signed  by  the  mayor  of  said 
city  or  the  clerk  of  the  common  council  thereof,  describing  the 
premises  on  which  such  lien  exists,  and  the  amount  claimed  by 
said  city  as  a  lien  thereon,  shall  be  lodged  with  the  clerk  of  the 
town  of  Xew  Britain. 

SEC.  3.  This  act  shall  be  a  public  act,  and  shall  take  effect  from 
its  passage,  and  all  acts  inconsistent  herewith  are  hereby  re- 
pealed. 

Approved,  March  19,  1879. 


INDEX 


UsTDEX. 


-.. 

Page. 

Abatement  of  taxes  by  finance  committee,  110 

Accounts,  authority  required  to  contract,  75 

bills  of,  to  contain  items  and  dates,  75 
city,  power  of  common  council  relative  to  mode  of 

keeping,  15 

requiring  certificate  of  city  attorney,        -  76 

requiring  certificate  of  city  clerk,  76 

what  audited  by  auditor.  76 

Alarm,  false,  see  Fire. 

Alderman,  election,  and  term  of  office,    -  7 

to  be  resident  of  ward,     -  7 

vacancies  filled  by  special  election,  8 

rank  how  determined,       -  7 

highest  in  rank,  acting  mayor,  when,       -  1 2 

highest  in  rank,  may  suspend  appropriation  orders,  1 7 

may  sign  tax  warrants,  1 3 
consent  of,  in  appointing  and  removing  members 

of  beard  of  street  commissioners,         -             -         45,  46 
to  sign  return  of  names  of  jurors,  34 
to  be  present  at  drawing  of  names  of  jurors,       -  34 
senior,  and  selectmen,  to  determine  highway  ap- 
propriations,     -  20 
senior,  consent  of.  at  a  fire,  when  required,  83 
may  issue  warrants  for  collection  of  rate 

bills,  109 

senior,  member  of  sinking  fund  committee,  77 
senior,  when  to  call  city  and  common  council 

meetings,  94 
Animal,  dead,  conveying  uncovered  through  streets,  a 

nuisance,  95 

dead,  when  owner  and  when  police  to  bury,         -  96 

dead,  depositing  in  streets,  a  nuisance,     -  95 

fastening  to  tree,  a  nuisance,         -  95 

in  streets,  power  of  common  council  relative  to,  1 4 
Appeals,  see  City  and  Police  Court. 
Appraisers,   of  damages  and  benefits,   board  of   street 

commissioners.                            ...  45 


120  INDEX. 

Page. 

Appropriations,  for  city  expenses,  city   meeting  to  ap- 
prove estimates  of,  53 
for  city  expenses,  orders  granting  and  vote  upon,  1 7 
Arrests,  at  Shuttle  Meadow,  who  may  make,       -  57 
Assessment,  of  damages  or  compensation  for  land  for 

water-works,    -  65 
of   damages   and   benefits   for  land   for  streets, 

building  lines,  sewers,  etc.,  21,  45,  46,  47 

of  damages  and  benefits  in  taking  stream,  42 
of  benefits,  limit  of  amount,  -  -  22,  43,  47 
names  of  persons  assessed,  and  amounts,  how 

published,  -  22 
a  lien  on  land,  takes  precedence  of  other  liens,  18,  23,  48,  47 
collected  how,  -  -  23,  42 
appeals  for  re-assessment,  when  and  to  whom 

taken,  and  proceedings  in,  23,  47,  48,  49 

appeals,  heard  by  whom,  48 
appeals  pending  at  expiration  of  term  of  service 

of  judge,  heard  by  successor,  71 
sewer,  by  whom  made,  limit  of  amount,  and  when 

collectible,'  -  18,  55,  56 

sewer,  belong  to  sewer  fund,  collectible  when,     -  50 

lists,  city,  rate-bill  maker  to  prepare  from  town,  109 

lists,  taxes  levied  on  last  made  of  town,  108 

\ssossor,  town,  when  to  assess  real  estate  in  city,  and 

compensation  of,  109 
Attorney,  see  City  Attorney. 

Auditing  Committee,  to  audit  report  of  treasurer,  ap- 
pointment, 13 
Auditor,  city,  election,  and  term  of  office,  7 
for  what  bills  to  draw  orders  on  treasurer,  13 
order  of,  for  pay-roll  of  fire  department,  86 
for  salaries  of  city  officers  and  police  force,  103 
pay-roll  of  street  commissioner,     -  106 

B. 

Badges,  see  Fire  Department. 

Ball,  playing  in  streets  a  nuisance,  96 

Ballot-boxes  for  wards,  by  whom  provided  and  kept,     -  9 

Barns  and  stables,  lights,  etc.,  in,  89 

Bar-rooms  and  bowling  saloons,  when  to  be  closed,  9 1 

Bells,  hand,  ringing  of,  when  a  nuisance,  95 

Benefits  and  damages,  see  Assessments. 

Billiard-tables  and  bowling-alleys  kept  for  hire  require 

license,  7  8 

Bills,  licensed  posters  of  may  erect  bill-boards,  -  79 

posting,  when  -forbidden,  79 

tearing  down,  penalty/    -  80 


INDRX.  121 
Page. 

Bonds,  required  of  what  city  officers        -  13 
neglect  or  refusal  to  give,  vacates  what  office. .     -       13,  104 

forfeited,  by  whom  prosecuted,    -  31 

for  prosecution  in  city  court,  .        25,  27 

of  clerk  of  police  court,   -  30 

in  police  court,  and  to  whom  payable,  29,  31 

water,  of  borough,  obligatory  on  city,  -                             38 
water,  see  Water  Fund. 

of  chief  engineer  fire  department,  82 

of  city  officers,  requisites,  103 

amount  of  penalty  104 


of  disbursing  officer, 
of  sewer  commissioners, 
of  street  commissioner, 
of  water  commissioners, 


104 
104 
105 
113 


to  accompany  proposals  for  contracts,  81 

Bonfires,  and  fire-works  in  streets,  90 
Boys,  see  Fire  Department. 

Bridges  in  city,  town  to  make  and  repair,                         -  20 
Building,  mode  and  materials,  and  alteration  of  buildings, 

common  council  may  regulate,  59 
limits  requiring  incombustible  materials  within, 

common  council  may  prescribe,  1 7 

Building  materials  in  streets  without  license  a  nuisance,  96 

power  of  common  council  relative  to,        -  1 5 

lines,  common  council  may  designate,  18 

designating,  notice  required,  and  hearing 
relative  to,  20,  21 

neglecting,  penalty,  and  how  recovered,    -  18 

Buildings,  unsafe,  fire-escapes,  and  alteration  of,  89 

within  fire  limits,  regulations,  90 

fence,  or  enclosure,  defacing  or  soiling,  a  nuisance,  95 

gates  or  fence,  erecting  in  streets  a  nuisance,       -  95 
removal  of   through  streets,  power  of   common 

council  relative  to,  1 5 
accumulating  combustible  materials  in,  when  a 

nuisance,  96 

O. 

Cess-pools,  sinks,  etc.,  power  of   common  council  rela- 
tive to,  14 
and  privies,  location,  97 
Charges  against  policemen,  causes  for  preferring,                         100 
Charter  of  water-works,  how  accepted,  and  takes  effect 

when,    -  (!7 

Church,  assembling  idly  and  in  crowds  before,  a  nuisance,  96 
City,  a  body  politic  and  corporate,  name,  limits,  and 

powers,  6 
16 


122  INDEX. 

Page. 
Citv  act  incorporating,  how  adopted,  and  takes  effect 

'  QQ     A  fi 

when,    -             -             -          .  •  «?»•>  *l 

act,  repeals  what,  and  how  far,  39 

a  public  act,  40 
wards  in,  number,  and  boundaries,                        -    6,  51,  52 
chief  executive  magistrate  of, 
expenses,  estimates  and  appropriations  for,  when, 

and  how  made,                                                       -  17,  53 

penalties,  fees,  and  forfeitures,  for  use  of,  34 

authorized  to  issue  sewer  bonds,  -  50 

water  bonds,          -  70,  71 

may  lay  taxes,      -  39 

liable  for  default  of  sheriff,  13 

City  Attorney,  and  assistant,  appointment,  powers,  and 

duties,  26 
to  be  sworn,  and  to  prosecute  for  penalty  for 

breach  of  ordinances,    -  26 

complaints  by,  to  police  court,  in  criminal  cases,  30 

recovery  by;  of  penalties  for  violation  of  ordinances,  1 6 

when  and  how  to  prosecute  forfeited  bonds,         -  31 

when  to  designate  justice  to  act  as  police  judge,  32 

claims  requiring  certificate  of,       -  76 

retainer,  and  fees,  103 

to  inform  city  clerk  of  claims  due  city,    -  76 

violation  of  amusement  ordinance  to  be  reported  to,  79 
City  Auditor,  see  Auditor. 
City  Clerk,  election,  term  of  office,  oath,  and  by  whom. 

administered,     -  7,   10 

powers  and  duties,  -  12 
salary,  by  whom  prescribed,  and  amount,  15,  103 
clerk  of  common  council,  and  to  record  votes  of 

same  and  of  city,  12 

records  of,  evidence  in  court,  -  12 
to  publish  ordinances,  and  record  fact  and  date 

of  publication,  12 

to  keep  voting  lists  and  ballot  boxes,  -  9 
to  sign  notices  relative  to  streets  and  building 

lines,  and  assessments  for,         -  '    20,  22 

to  sign  certificates  of  lien,  and  release  of  liens, 

for  assessments,  23 
to  file  papers  relating  to  award  of  damages  and 

benefits  from  appropriation  of  streams,  42 
to  keep  names  of  jurors  in  boxes  therefor  pro- 
vided, -  34 
to  be  present  at  drawing  of  names  of  jurors,  34 
to  record  appointment  of  deputy  inspectors,  8 
to  administer  oath  to  city  officers,  1 0 
to  record  and  publish  election  returns  of  wards,  9 
to  record  his  own  serving  of  notices  of  orders  of 

common  council,  12 


INDEX.  123 

Page. 

City  Clerk,  to  be  clerk  of  committee  on  licenses,  78 

certificate  of,  required  to  claims  for  damages,  76 
to   furnish   auditor  certified    copies  of  votes  to 

pay  accounts,     -  75 
to  keep  properly  indexed  records  of  proceedings 

of  city  and  common  council,  94 

,        to  keep  record  of  accounts  due  city,        •  76 

to  keep  contracts  on  file,  -  80 

to  make  out  pay-roll  of  fire  department,  -  86 

to  record  warrants  for  city  and  common  council 

meetings.  94 

to  report  monthly  to  common  council  accounts  due,  7  6 
to  sign  certificates  of  honorary  membership  of 

fire  department,  88 

assistant,  appointment,  powers,  and  duties,  12 
City  Collector,  see  Collector. 

City  Court,  powers,  jurisdiction,  and  practice  in,         24,  25,  58,  59 
penalties  for  violation  of  ordinances  recoverable 

in,  16 

room,  and  accommodation  for,      -  27 

sessions  of,  held  when,     •  24 
process  in  actions  brought  to,  how  signed  and 

served,  27 

writs  in,  service  and  return,  27 
bonds  for  prosecution  in,  how  taken,                              25,  27 

attendance  of  sheriff  upon,  13 
jurors  for,  when  and  how  chosen.                                    34,  49 

jury  trial  in,  how  obtained,  27 
jury  for,  drawing  names  and  summoning,                      28,  34 

appeals  to,  from  judgment  of  justices,      -  25 

appeal  from  judgment  in,  59 

motions  for  new  trial,  and  motions  in  error  in,    -  25 

fees  in,  payable  by  clerk  to  city  treasurer,  27 
jury,  witness,  and  officers'  fees,  clerk  to  pay,  and 

how,  27 

judge  of,  how  chosen,  oath,  and  term  of  office,    -  26 

judge,  salary  of,  and  payment,  27,  56,  103 

disqualification  or  inability  of,  43 

resignation  or  death  of,  governor  to  fill  vacancy,  26 

clerk  of,  appointment,  oath,  and  term  of  office,   -  26 

powers,  duties,  and  fees,    -  26 

bond,  and  effect  of  neglect  or  refusal  to 

give,  13 
to  furnish  party  appealing  attested  copy 

of  record,  26 
to  issue  warrant  to  sheriff  to  summon  jury 

for,         -                                                     -  28 

to  pay  over  to  treasurer  fees  received,  27 
to  pay  jury,  witness',   and  officers'  fees, 
and  how,             -             - 


12  i  INDEX. 

Page. 
City  Court,  clerk  of,  to  record  request  of  judge  for  sub- 


stitute, 
to  sign  process  in, 


48 
27 

sworn  annual  account  of,  to  treasurer,  27 

City  Officers,  election,  term  of  office,  and  residence,  7 
elections,  in  case  of  tie  vote, 

oath  and  by  whom  administered,  .10 
City  Offices,  vacancies,  how  and  when  filled, 

vacant  from  neglect  to  give  bonds,  how  filled,  1 3 
City  Sheriff,  see  Sheriff. 
City  Surveyor,  see  Surveyor. 
City  Treasurer,  see  Treasurer. 
Clerk,  of  city,  see  City  Clerk. 

of  city  and  police  courts,  see  City  and  Police  Courts, 
of  fire  companies,  see  Fire  Department, 
of  board  of  street  commissioners,  see  Streets. 

Collector,  city,  election,  and  term  of  office,  7 
powers  and  duties,  bond,  and  effect  of  neglect  to 

give,      -                                                     -  13 

proceedings  against,  when  not  performing  trust,  13 

compensation,        -  103 

limit  of  time  of  collecting  rate-bill,          -  1 09 

Committee,  to  lay  out  street  and  building  lines,  duty  and 

report  of,  21 

to  prepare  survey,  estimates,  etc.,  in  taking  stream,  41 
assessment  in  taking  stream,  appointment,  notice, 

and  report  of.   -  42 
auditing,  to  audit  report  of  treasurer,       -  13 
finance,  duty  and  powers  in  relation  to  assess- 
ment lists,  109 
abatement  of  taxes  by,  110 
fire   department,   approval   required   to   dismiss 

members,  89 

duty  relative  to  unsafe  buildings.  89 

health,  number,  appointment,  and  duties,  92 
consent,    when    required    in    relation    to 

privies,  etc.,        -  97 
license,  may  license  billiard-tables,  public  exhibi- 
tions, etc.,  78 
to  adopt  a  tariff  of  fees,  79 
may  license  bill-posters,  79 
to  prescribe  fees  for  trade  licenses,  1 1 1 
sinking  fund,  how  constituted,  and  duties,  77 
of  supplies,  may  authorize  contracting  accounts.  75 
Common  Council,  how  constituted,  valid  meetings,  and 

adjournment  of,  14 

mayor  presiding  officer  at  meetings  of,     -  10 

acts  of,  done  by  major  vote  of  members  present,  14 

disabilities  of  members.                 -  17 


INDEX.  125 

Page. 
Common  Council,  subjects  in  relation  to  which  to  make 

orders  and  ordinances,                                            1 4,  1 5,  1 6, 
votes,  orders,  etc.,  submitted  to  mayor,  and  when 

disapproved,  how  passed,                                     -  -  16,  52 
orders  of.   granting  appropriations  for  city  ex- 
penses, and  limits  of  power  relative  to,             •  1 7,  53 
to  prescribe  building  lines  and  fire  limits,             -  1 V,  18 
powers  relative  to  sewers  and  drains.       -  1 8 
sidewalks  and  gutters,       -  18,  19 
streets,  highways,  and  street  commissioner,  15,  I!) 
lay-out  of  streets  and  designation  of  build- 
ing lines,                                                     -  20,  21 
constitutes  a  board  of  health,  and  powers,  24 
may  appoint  health  committee,     -  24 
to  appoint  city  and  assistant  city  attorney,  26 
to  provide  room  and  accommodations  for  city 

and  police  court,                                                    -  27.  30 
arrangements  by,  for  keeping  persons  sentenced 

to  jail  or  workhouse,     -  32 

to  choose  jurors  of  city  court,  and  number  of,  34 

may  fix  penalty  for  non-attendance  of  jurors,  -  34 
may  establish  police  force,  and  fill  vacancies  in,  .T7,  44,  45 
may  make  rules  for  government  of  police  force, 

and  fix  salaries.  38 
powers  relative   to  suspension  and   removal  of 

policemen,  -  44,  45 
may  call  out  supernumerary  police,  38 
to  organize  fire  department,  and  form  and  con- 
trol fire  companies,  -  38 
powers  relative  to  appropriation  of  streams,  -  41,  42 
powers  of,  under  act  for  water  supply,  -  38 
to  appoint  water  commissioners,  when  and  how,  38,  54 
to  determine  rank  of  alderman  in  case  of  tie  vote,  7 
to  order  special  elections  in  vacancies  of  city 

offices,  -  8 

to  designate  voting  places  in  wards,  -  8 
to  fix  hour  of  opening  and  closing  polls  in  special 

elections,  9 

to  provide  ballot  boxes  for  wards,  9 
when  to  regulate  mode  and  materials  of  building, 

and  alterations  in  buildings,     -  59 
to  appoint  auditing  committee  of  report  of  treas- 
urer,     -  1 3 
to  prescribe  mode  of  procedure  of  board  of  street 

commissioners,  46 

to  declare  vacant  what  offices,  and  when,  13 
to  appoint  board  of  sewer  commissioners,  and 
powers  relative  to, 


12(i  INDEX. 

Page. 
Common  Council,  may  elect  street  commissioner, 

clerk  of.  and  duties,          -  12 

Compensation,  board  of  street  commissioners,  105 

clerk  of  board  of  street  commissioners,     -  105 

fire  department,  members  of,        -  85 

when  forfeited,       -  89 

rate-bill  maker  and  assessor,  109 

registrars,  58 

sewer  commissioners,        -  1  04 

street  commissioner,          -  20,  107 

water  commissioners,        -  67,  113 

(  'onstables,  city  and  town,  powers  and  duties,     -  -  28,  32,  34 

policemen  acting  as,          -  101 

Contracts,  assignment  of,  81 

for  labor  and  materials,  how  made,  80 

proposals  for,  advertised,  80 

Coroner,   city,   power  of   common  council    relative   to 

appointing,                                         .  1  5 
Councilmen,  number,  election,  term  of  office,  and  resi- 

dence, 7,  52 

County  Commissioner,  when  to  apportion  highway  tax,  20 
Commissioners,    arrangement  with,  for  keeping 

criminals,  32 
Court,  city,  see  City  Court, 

of  common  pleas,  appeals  to  judge  of,  from  as- 

sessment of  board  of  street  commissioners,      -  48 
superior,  to  hear  motions  for  new  trial,  and  in  er- 

ror, from  city  court,  26 

superior,  judge  of,  petition  to,  for  re-assessment,  23 
superior,  or  supreme,  judge  of,  to  appoint  assess- 

ment committee,  when,  42 
supreme,  judge  to  appoint  appraisers  of  damages, 

or  compensation,  when,  65 

Crosswalks,  made,  pav.ed,  etc.,  at  expense  of  city,  18 

permitting  vehicles  to  remain  on,  a  nuisance,  95 

assembling  idly  and  in  crowds  on,  a  nuisance,      -  96 


Damages  and  benefits,  see  Assessment, 

Deputy  inspector,  see  Inspectors. 

Deputy  sheriff,  see  Sheriff,  county. 

Drains  and  sewers,  see  Sewers. 

Dismissions,  see  Fire  Department. 

Dogs,  to  wear  collar,  81 

when  to  be  muzzled,  -  81 

violation  of  ordinance  relative  to,  penalty,  81 

when  and  by  whom  killed,  81 

Dwelling,  occupied,  combustible  materials  in,  a  nuisance,  96 


INDEX.  127 

E. 

Page. 

Elections,  city,  annual,  held  by  wards,  when,      -  7 

officers  elected  at,  and  how,  7 
Elections,  special,  to  fill  vacancies,  by  whom  ordered,  and 

when,  8 
presiding   officer   of,    and   assistants,    by  whom 

designated,       -  .  9 

who  may  vote  at,  7 
names  of  officers  each  voter  votes  for  at,  written 

or  printed  on  one  piece  of  paper,  9 

voters  to  vote  for  only  one  inspector  of,  -  7 

voting  places  in  wards  at,  and  notice  of,  -  8 

annual,  tie  vote  at,  8 

opening  and  closing  of  polls  at,    -  9 
inspector  of,  see  Inspectors. 

Engineer,  and  fireman,  of  steam  fire  engines,  salary,  85 

chief,  and  assistant,  see  Fire  Department. 
Excursions,  see  Fire  Department. 

Exhibitions,  public,  license  required  for,  77 


Fare,  rates  of,  etc.,  how  displayed,  102 
Fees,  and  costs,  in  city  and  police  courts,                     27,  29,  31,  33 
of  application  to  judge  for  re-assessment,  who  to 

pay,  24 

of  clerk  of  city  court  for  copy  of  record,  26 

of  justice  acting  as  police  judge,  32 

salaried  officers  not  to  receive,      -                          -  31,  33 

taxable  of,  for  use  of>  city  treasury,  33 

for  trade  license,  prescribed  by  license  committee,  111 

license,  when  paid  to  city  clerk,  -  78 
license,    public   conveyances,    amount,    and    to 

whom  paid,       -  101 

sealer  of  weights  and  measures,  -  112 

Fence,  gate,  or  building,  in  streets,  a  nuisance,  95 
Fines,  penalties,  and  forfeitures,  see  Penalties. 

Fire-arms,  discharging  within  city  limits,  90 

Fire,  false  alarm  of,  87 
fire  department,  common  council  to  organize  and 

control,  38 

consists  of  what,    -  82 

annual  parade  and  inspection,        -  89 
chief    and  assistant  engineer,  when  and 

how  chosen,        -  82 
chief  and  assistant  engineer,  duty  relative 

to  manufacturing  establishments,  83 
chief  engineer,  duties,  powers,  and  author- 

i          ity  of,      -  82,  83,  84,  89 


1'28  INDEX. 

Page. 

Fire,  fire  department,  chief  engineer  to  recommend  men 
for  fire-police,  fire,  and  hose 

companies,  -  84 

assistant  engineer,  duties  and  powers,       -  83,  84 

dismissal  of  members,        -  89 

compensation  and  pay-roll  of.                     •  85,  86 

honorary  members  of,  88 
fire  companies,  number  and  appointment  of  men 

in,  84 

absence  of  members  from  fires,  penalty,   -  87 
how  called  out  for  exercise,  and  penalty 

for  non-attendance,        -  86 

going  to,  at,  and  returning  from  fires,       -  86. -87 

house  of,  how  occupied,     -                           -  87,  88 

clerk  of,  appointment  and  duties,               -  84,  85 

foreman  of,  appointment  and  duties,  84 

seniority  of,  85 

firemen,  when  and  where  to  wear  badge,  88 

deposit  of,  for  badge,         -  88 

return  of  badge,  88 

advertisement  of  badge,    -  88 

fire  apparatus,  conditions  of  taking  on  excursions,  88 

taking  beyond  city  limits,  87 

fire  laddei's,  penalty  for  removing,  88 

fire-police,  number,  appointment,  and  duties,  84,  87 

hook  and  ladder,  and  hose  companies,  number  of 

men  in,  84 
residence  and  appointment,  84 
fire-police,  and  special  hose  companies,  compen- 
sation and  government,  85 
fire-crackers  and  fire-works  in  streets,       -  90 
fire-escapes  for  unsafe  buildings,  89 
fire  limits  prescribed  by  whom,  and  area  of,         -  17,  90,  91 
Forms,  for  city  and  police  court,                                         -  36,  37 
of  certificate  and  discharge  of  lien.  35,  36 
of  order  of  apportionment,  36 
of  order  for  sidewalk  or  gutter.  35 
of  ordinance,  35 

Gr. 

Garbage,  in  streets,  a  nuisance,  95 

Garden,  or  yard,  trespassing  in,  a  nuisance,  95 

Gaslights  and  lamps,  injury  to,  penalty,               .  108 

Gunpowder,  keeping  above  one  pound,  requires  license,  1 10 

limit  and  mode  of  keeping,  1 1 1 

transporting  through  city,  ]  1 1 

violating  ordinance  relative  to,  penalty,  1 1 1 
Glitters,  and  sidewalks,  see  Sidewalks. 
Grand-jurors,  of  town,  may  make  complaint   to* police 

court,    -                                                     -             -  30 


INDEX.  129 


" 

Hall,  public,  lacking  facilities  for  egress  in  case  of  fire,  89 

Health,  common  council  a  board  of,   and  powers  rela- 

tive to,  24 

committee,  number,  appointment,  and  duties,      -  92 

consent  of,  required  relative  to  privies,  etc.,  97 

Highways  and  streets,  see  Streets. 

Hook  and  ladder,  and  hose  companies,  see  Fire  Depart- 
ment. 

Inspector,  of  articles  offered  for  sale,  power  of  common 

council  relative  to  appointing,  15 

Inspectors,  of  elections,  number,  election,  and"  term  of 

office,     -  7 

powers  and  duties,  9 
deputy,    how    appointed,    removed,    and 

duties,    -  8 

of  workhouse,  arrangements  for  criminals  with,   -  32 

J. 

Jurors,  of  city  court,  number,  how  and  when  chosen,  -        34,  49 

summoning,  and  drawing  names  of,  28,  34,  35 

penalty  for  not  serving.  -         34,  93 

Justice  of  Peace,  acting  judge  of  police  court,  when,  -         28,  32 

appeals  from  judgment  of,  25 

restriction  of  powers  of,  28 


Land,  and  other  estate,  for  water-  works,  authority  to 

take,      -       .      -  63 
for  laying  additional  water  main,   authority  to 

take,  69 

Ladders,  see  Fire  Department. 

License,  to  keep  and  transport  gunpowder,          -  -     1  1  0,  1  1  1 

to  make  sales  on  streets,  110 

what  revocable  by  license  committee,       -  78 

when  to  be  returned  to  clerk  of  committee,          .  79 

Liens,  on  land,  etc.,  assessments  of  benefits  from  lay-out 

of  streets  and  building  lines,    -  -   •     23,  47 

assessments  for  drains  and  sewers.  18 

assessments  of  benefits  from  taking  stream,         -  43 

expense  of  sidewalks  and  gutters,  19 

certificate  of,  signing  and  recording  of,  -  23 

form  of  certificate  of,   and    discharge  of,           -  35,  36 

continuance  of,  how  limited,  23 
how  enforced,                                               -  18,  19,  23,  43,  66 

17 


130  INDEX. 

Page. 

Liens,  on  land,  etc.,  taxes  for  expense  of  water-works, 
Lights,  cigars,  etc.,  in  barns  and  stables,  -         89,  90 


Map,  drawing,  etc.,  of  lay-out  of  streets,  building-lines,  etc.,  4  6 

Materials,  building,  in  streets,  when  a  nuisance,  96 

Mayor,  election,  term  of  office,  and  residence,    - 

powers  and  duties,  10,  11 
absence,  inability,  or  vacancy  in  office  of,  1  2 

obstructing,  or  refusing  to  assist,  1  1 

approval  or  disapproval  by,  of  votes  and  ordi- 

nances, 16,  52 

report  of,  when  made,  recorded  and  published,  -  11,  59 
may  suspend  policemen  for  cause,  44 

when  to  issue  distress  warrants  to  collector,  19,  24 
when  to  issue  warrant  to  sheriff  against  collector 

neglecting  trust,  13 

when  and  how  to  call  special  city  meetings  rela- 

tive to  ordinances,         -  16 

to  appoint  and  remove  members,  and  fill  vacan- 

cies in  board  of  street  commissioners,  -  45,  46 

to  sign  assessment  warrants,         -  23,  42 
to  sign  certificates  of  lien,  and  release  of  liens,  -  23 

to  sign  sewer  fund  bonds,  50 

to  sign  tax  warrants,  13 

to  sign  water  fund  bonds,  -  70,  71 

to  sign  return  of  names  of  jurors,         -  34 

may  sign  notice  of  lay-out  of  streets,  and  build- 

ing lines,  and  assessments  for,  -  20,  22 

assignment  of  contract  requires  assent  of,  81 

chief  of  police  under  direction  of,  99 

pulling  down  buildings  at  fire  requires  consent  of  83 

to  sign  descriptive  survey  of  lay-out  of  streets, 

etc.,       -  22 

may  suspend  orders  granting  appropriations  for 

city  expenses,   -  .  17 

to  approve  salary  orders  of  auditor,         -  103 

to  appoint  time  of  annual  parade  and  inspection 

of  fire  department,       -  89 

to  call  meetings  of  city  and  common  council,  94 

to  countersign  permits  of  chief  of  police,  90 

to  sign  certificates  of  appointment  of  officers  of 

fire  companies,  84 

to  sign  certificates  of  honorary  membership  of 

fire  department,  88. 

to  sign  warrants  for  collection  of  rate-bills,  109 

a  member  of  sinking  fund  committee,     -  77 


INDEX.  131 

Page. 

Meetings,  city  and  ward,  voters  at,  7 
city  and  common  council,  mayor  presiding  officer 

at,          -  10 
warning,  time  and  place  of,  15 
special  city,  to  approve  or  disapprove  of  ordinan- 
ces, when  and  how  called,         -  16 
city,  by  whom  called,        -  94 
common  council,  stated  monthly  and  annual,  94 
hour  of,     -  94 
common  council,  how  called,  94 
M  ilitia,  mayor  may  call  out,  when,          -  11 
serving  under  call  of  mayor,  and  refusing,  pay 

and  penalty,      -  12 

Minor,  or  apprentice,  liability  of  parent  or  guardian  for,  90 

Misdemeanors,  acts  constituting,  and  where  prosecuted,  1 6 

Mortar  beds,  in  streets,  a  nuisance,  95 

1ST. 

Nitro-glycerine,  not  allowed  within  city  limits,  -  111 

Noise,  loud,  in  streets  at  night,  a  nuisance,         -  95 

Notices,  and  orders,  published  only  twice,  98 

of  board  of  street  commissioners,  how  given,     -  105 

of  committee  on  fire  department,  89 

Nuisances,  acts  constituting,       -                                        -  95,  96 

orders  and  ordinances  relative  to,  common  coun- 
cil to  make,  14 

street  commissioner's  duty  relative  to,     -  106 

O. 

Oaths,  of  city  officers,  form,  and  administration,  10 

Offal,  manure,  etc.,  when  a  nuisance,       -  95 

Officers,  elected  at  annual  election,  and  term  of  office  of,  7 

form  of  oath  of,  and  by  whom  administered,  10 

salaried,  not  to  receive  fees  and  costs  in  police 

court,    -  31,  33 
prosecuting,  fees  of,  31 
what  authorized  to  arrest  without  previous  com- 
plaint, and  when,  33 
city,  auditor  to  pay  monthly,       -  103 
disbursing,  to  give  bonds,  1.04 
resisting,,  when  a  nuisance,  96 
Orders,  granting  appropriations  for  city  expenses,  mak- 
ing and  suspending  of,  1 7 
and  notices  published  only  twice,  98 
of  auditor,  to  specify  nature  of  claims,  -  75 
Ordinances,  and  orders,  subjects  relative  to  which  com- 
mon council  may  make,                                      -  14,  15,  16 


13-2  INDEX. 

Page. 

Ordinances,  form  of,  and  of  complaint,  for  violation  of,         35,  36 
publication  of,  and  certificate  of,  12,  98,  114 

submission  of  to  mayor  for  approval, 

disapproved  by  mayor,  how  passed,  16,  52 

submitted  to  city  meeting  when,  and  notice  of,  - 
violations,  penalty  how  recovered,  1  6 

how  entitled,  arranged,  and  printed. 
revision  of,  to  take  effect  when, 
record  copy  of,     - 

when  operative.    -  98>  H4 

former,  repealed  when.    -  98 

trade,  violations  of,  110,111,112 

violation  of  what,  chief  of  police  to  attend  to 

prosecution  of,  92 


Parade,  and  inspection,  see  Fire  Department, 

Pay-roll,  of  street  commissioner,  when  and  how  made,  -  106 
of  fire  department,  how,  when,   and  by  whom 

made,    -  86 

Peddlers,  weights,  measures,  and  scales  of,  112 
Peddling,  and  auctions,  power  of  common  council  rela- 

tive to,  16 
Penalties,   fines,  and  forfeitures,  recoverable  how,  and 

form  of  action  for.    -  16,  13,  34,  37 

not  to  exceed  fifty  dollars,  when.  1  6 
for  violation  of  orders  and  ordinances,  common 

council  to  prescribe,  16 

Plumbers,  violating  water  ordinance,  114 

Police,  number,  election,  and  term  of  office,  37,  44 

government,  powers,  and  salaries  of,  38,  45 

authority,  local  limits  of.                                          -  33,  57 

removal  or  suspension  of,  44,  45 

vacancies  in,  how  filled,  -  37,45 

to  convey  criminals  to  place  of  confinement,  32 
chief,  and  lieutenant  of,  and  duties,                  37,  44,  98,  99 

chief  of,  suspension  by,  of  policemen  for  cause,  44 
fire,  see  Fire  Department, 

force,  how  constituted,  98 

members  of,  qualifications,    -  100 

not  to  take  fee  or  reward,  100 

auditor  to  pay  monthly,  103 

chief  of.  permit  of  relative  to  fire-crackers  and 

fire-works,  90 

licenses  by,  for  public  conveyances,  -  101 

to  issue  licenses  for  discharging  fire-arms,    -  90 

to  inform  city  clerk  of  accounts  due  city,     -  76 
to  report  to  city  attorney  violations  of  ordi- 

nances,      -  99 


INDEX.  133 

Page. 

Police,  policemen,  duties,  99,  100 

when  to  wear  badges,  100 
policemen,  to  assign  to  city  their  interest  in  all 

taxable  fees,  100 

to  assist  sealer  of  weights  and  measures,  -  "112 
to  notify  owner  of  dead  animal  to  bury 

the  same,  96 

acts  of,  deemed  tender  of  resignation,  101 

charges  against,  causes  for,  100 
resisting,  or  not  dispersing  at  orders  of, 

when  a  nuisance,  96 

court,  jurisdiction,  powers  and  authority  of,  28,  29,  30,  56,  57 

room,  and  accommodations  for.     -  30 

when  to  be  open,  -                                        -  30,  56 

complaints  to,  in  criminal  matters,  by  whom 

made,     -  30 

adjournment  of  trial,  bail,  and  bond  in,  -  30,  31 

service  of  process  in,  and  fees,     -             -  32,  33 

suspense  of  judgment  in,  -  33 
taxable  fees  and  costs  in,  and  when  to  be 

demanded,          -  31 
fines  and  costs  before  and  after  commit- 
ment by,  31 
reduction  or  disallowance  of  fees  by,         -  33 
fees  of  prosecuting  officer  in,         -  31 
justice  acting  as  judge  in,  and  fees,  28 
may  commit  to  reform  school,      -  32 
may  require  sureties  of  the  peace,  when,  -  33 
misdemeanors  prosecuted  in,  1 6 
offenses  for  which  arrests  may  be  made, 
and  judgment  rendered  in,  without  pre- 
vious complaint,  33 
appeal  from,  bond,  and  binding  over,  29 
judge  of,  powers,  duties,  and  salary,  28,  30 
not  disqualified  by  residence,   and  lia- 
bility to  taxation,  29 
.substitute  for,  who,  and  when,      -  28 
suspension  of  policemen  by,  44 
clerk  of,  powers,  duties,  salary,  and  bond.  29,  30 
record  of,  open  to  public  inspection,  29 
to   notify  city  attorney  of   forfeiture   of 

bonds,  •  31 
to  receive  fees,  penalties,  and  costs,  and 

render  monthly  account  of  to  treasurer,  29,  31 
to  designate  justice  to  act  as  substitute  for 

police  judge,  when,        -  32 

to  record  request  for  substitute  for  judge,  28,  32 

to  pay  costs,  when  and  how,  31 

limit  of  time  of  paying  costs,        -  3 1 

Polls,  opening  and  closing  of  at  annual  and  special  elections,  9 


134  INDEX. 

Page. 

Privies  and  cess-pools,  where  and  how  to  build,  97 

to  be  kept  clean,  and  vault  of,      -  97 

contents,  how  and  when  conveyed  through  streets,  97 

discharging  contents  of  into  stream  a  nuisance,  -  96 

offensive,  a  nuisance,         -  95 

power  of  common  council  relative  to,       -  14 
Public  conveyances,   public   carriages,   etc.,   powers  of 

common  council  relative  to,       -  15 

what  deemed  such,  101 

chief  of  police  to  license,  101 

violation  of  ordinance  relative  to,  penalty,  102 

Public  hall,  what  deemed  such,  78 

unlicensed  exhibitions  in,  penalty,  78 


Racing  horses  in  streets,  a  nuisance,  96 

Railroad  trains,  speed  of,  power  of  common  council  rel- 

ative to,  14 

Rate-bill  maker,  appointment  and  duty,  109 

compensation,        -  1  09 

to  be  sworn,  109 

Records,  of  city  clerk  and  assistant,  validity  of,  12 

of  clerk  of  police  court,  open  to  public  inspection,  29 
city  and  common  council,  city  clerk  to  properly 

index,  94 

Reform  school,  police  court  may  commit  to,        -  32 

Registrars  of  town,  duties  and  compensation,  -    8,  57,  58 

refusing,  or  neglecting  duties,  penalty,    -  9,  10 

Registry  lists,  how  made,  and  penalty  for  altering,        8,  10,  57,  58 

when,  and  to  whom  delivered,      -  8,  58 

list,  what  used  at  adjourned  annual  election,  8 

Removal   from   ward,  offices  of   ward   officers    vacated 

thereby,  7 

Reports,  chief  of  police,  99 

mayor,                                                                             -  11,  59 
of  committee  on  damages  and  benefits  in  taking 

streams,                                                      -         .    -  41,  42 
sewer  commissioners,                                                       51,  104 

street  commissioner,  106 

treasurer,                                                                     -  12,  59 

water  commissioners,        -  113 

Resignation,  acts  of  policemen  involving,  101 

Rewards,  policemen  forbidden  to  receive,  100 

s. 

Sabbath,  police  to  report  violations  of  statute  respecting,  92 
Salaries,  of  city  officers,  powers  of  common  council  rel- 

ative to,  15,  56 
of  mayor,  aldermen,  and  councilmen,  restriction 

as  to,     -                       '   ...                          -  15 


INDEX.  135 

Page. 

Salaries,  of  chief  and  lieutenant  of  police,  100 
of  members  of  police  force,  conditional  on  as- 
signing fees,      -  100 
when,  and  by  whom  paid,  103 
Sales  on  streets,  what  require  license,  110 
Saloons,  when  to  be  closed,          -  91 
Sealer  of  weights  and  measures,  appointment  and  duties,  111,  112 
obstructing,  penalty,  112 
Sewers  and  drains,  powers  of  common  council  relative  to,  14,  18 
constructing  without  permission,  penalty,  18 
defraying  cost  and  expense  of,     -  49 
assessments  for,  a  lien,  how  and  when  collectible,  18,  50,  55 
lateral    and    connecting,    assessments   for,    and 

amount,  55 

street  commissioner's  duty  relative  to,  105,  106 
commissioners,  board  of,  number,  how  appointed 

and  term  of  office,         -  50 

powers  and  duties,  5 1 

trustees  of  sewer  fund  bonds,        -  50 

to  keep  record  of  their  official  proceedings,  51,  104 

annual  report  of,    -  51 

to  be  under  direction  of  common  council,  51 

consent  of,  required  for  sewer  connections,  1 04 

fund  bonds,  authority  to  issue,  interest,  and  amount,       49,  50 

Shavings,    straw,    hay,    etc.,    endangering   property,    a 

nuisance,                                                                  -  96 
Sheriff,  city,  election,  and  term  of  office,  7 
authority,  local  limits  of,                                           -  33,  57 
powers,  liabilities,  and  bond  of,    -  13 
to  attend  upon  city  court,  when,  13 
when  to  warn  city  and  common  council  meetings,  94 
fees,  of  103 
to    convey    criminals     to    place     of     confine- 
ment,     -  32 

service  of  process  in  police  court  by,  and 

fees  of,  33 
county  and  deputy,  may  serve  criminal  process, 

and  convey  criminals  to  place  of  confinement,  32,  33 
Sidewalks  and  gutters,  powers  of  common  council  rela- 
tive to,                                                                     -  18,  19 
making,  notice  of,  and  limiting,  time  of,  -             -  18,  19 
neglecting  order  of  common  council  relative  to, 

penalty,  19 
changing  grade  of  and  relaying,  when  at  expense 

of  city,                                                       .  53 

when  to  apportion  expense  of,     -  19 

form  of  order  apportioning  expense  of,    -  36 

to  make  curb,  flag,  or  pave,  35 

drawing  fire-engines  and  hose  carriages  on,          -  87 


136  INDEX. 

Page. 

Sidewalks,  horse  or  other  animal  on,  a  nuisance,  95 
driving  horse  across  at  gait  faster  than  a  walk,  a 

nuisance,  95 
assembling  idly  and  remaining  in  crowds  on,  a 

nuisance,  96 

snow  and  ice  on,  -                                                     -  107,  108 

unlicensed  trade  on,  a  nuisance,  -  96 

Signs,  across  sidewalks,  without  permit,  a  nuisance,  96 

Sinking  fund  committee,  how  constituted,  77 

use  of  funds  of,  how  limited,       -  77 

for  paying  cost  of  water-works,  authorized,        •  -  66 

Sleds,  sliding  down  hill  on,  when  and  where  a  nuisance,  96 

Stables,  and  barns,  lights,  etc.,  in,  89,-  90 

Station  houses,  in  charge  of  chief  of  police,         -  99 

Steam  boilers,  use  and  erection  of.  powers  of  common 

council  relative  to,         -  14 

Steam  fire  engines,  number  of  men  to  each,  84 

Streams,  when  common  council  may  take,  41 

damages  and  benefits  from  taking,  41,  42 

Streets  and  highways,  authority  of  common  council  over,  19,  20,  21 

lay-out  of,  notice  required,  and  hearing  relative  to,  20 

not  opened  except  by  order  of  common  council,  20 

laying  out  and  paving,  powers  and  duties  of  board 

of  street  commissioners,  46,  47 
portion  of  town  highway  tax  for,  by  whom  de- 
termined, 20 
town  not  obligated  to  make  in  city,  20 
building,  gate,  or  fence,  or  playing  ball  in,  a  nuis- 
ance,    •  95,  96' 
building  materials  in,  how  guarded,  108 
digging  up  or  obstructing,  107 
fire-crackers,  fire-works,  and  bonfires  in,  90 
opening  or  laying  out,  without  consent,  penalty,  107 
refusing  to  fill  excavations,  or  remove  obstruc- 
tions in,  107 
commissioner,  powers  of   common  council  rela- 
tive to  appointing,  15 
election,  term  of  office,  and  bond,  20,  105 
duties  and  compensation,                   20,  105,  106,   107 
resisting,  when  a  nuisance,  96 
to  inform  city  clerk  of  claims  due  city,  76 
commissioners,  board  of,  appointment,  and  term 

of  office,  45 

not  to  be  members  of  common  council,     •  45 
duties,                                                              45,  46,  105 

oath,  and  certificate  of  appointment,  46 

vacancy  in,  and  removal  of  members,  46 
proceedings  in  assessment  of  damages  and 

benefits  by,  46,  47 


INDEX.  137 

Page. 
Streets  and  highways,  street  commissioners,  board  of, 

appeals  from,  and  to  whom,  47,  48 
reference  of  appeals  to  committee  when, 

and  powers  of,  48 
power  of  judge  relative  to  appeals,  and 

return  of  papers,  48,  49 
hearing  of  appeals  pending  at  expiration 

of  judge's  term  of  service,  71 
clerk  of,  duties  and  compensation,  105 
Survey,   descriptive,  and  estimate  of  cost  of  improve- 
ment by  taking  stream,  41 
included  in  report  of   committee  laying 

out  streets  and  building  lines,  21 
Surveyor,  city,  power  of  common  council  relative  to  ap- 
pointing, 1 5 
Swine,  keeping  of,  when  a  nuisance,  95 

T. 

Taxes,  laying  and  collecting,  13,  39.  53 

town   highway,   portion  for  city   highways,    by 

whom  determined,  20 

to  be  paid  into  city  treasury,  20 

for  expenses  of  water-works,  how  laid,  and  collected,  66 

a  lien,  and  how  foreclosed,             .  66 

levied  on  last  town  assessment  list,  1 08 

abatement  of,  110 

Trade,  unlicensed,  on  sidewalks,  a  nuisance,  96 

Treasurer,  city,  election,  term  of  office,  and  bond  of,  7,  13 

powers  and  duties,  12 

report  of,  when  and  how  made,  audited,  recorded, 

and  published.  -  -  12.  13,  59 

salary,  power  of  common  council  relative  to,  1 5 

fees  in  city  court  payable  to,  27 
fines,  penalties,  costs,  etc..  received  by  clerk  of 

police  court  payable  to,                                         -  29,  30 
moneys  received  by  water  commissioners  payable 

to.  66 
receipts  by  city  attorney  from   forfeited  bonds 

payable  to,  31 

to  pay  all  orders  of  auditor,  13 
to  keep  on  file  annual  account  of  clerk  of  police 

court,    -  30 

to  countersign  water  fund  bonds.                            -  70,  71 

sewer  fund  bonds,  50 

auditor's  order,  when  necessary  for,  75 

order  of,  paying  orders  and  receipts  for  money 

received,  76 

member  of  sinking  fund  committee,  77 
18 


138  INDEX. 

Page. 

Treasurer,  county,  assessment  of  compensation  or  dam- 
ages deposited  with,      -  65 
Treasury,   city,   amount  agreed  upon    for  damages   in 

taking  stream  deposited  in,  when,         -  41 

amounts  assessed  for  damages  deposited  in,  when,  22 
penalties  for  violating  orders  and  ordinances, 

for  use  of,          -                          -  16 

taxable  fees  of  salaried  officers,  for  use  of,  33 

Tree,  shrub,  or  plant,  injuring,  a  nuisance,  95 

-V- 

Vacancies  in  offices,  when,  how,  and  by  whom  filled,    8,  12,  13,  15 

Vehicle,  stationary,  on  crosswalk,  a  nuisance,     -  95 
owner's  name,  number  of  license,  and  rates  of  fare, 

how  displayed  on,         -             -  102 

Venders  of  goods  on  public  streets,  require  license,  1 1C 

Voters,  in  city  and  ward  meetings,  qualifications,  7 

willful  false  swearing,  of  penalty,  58 

each  to  vote  for  but  one  inspector  of  elections,     -  7 

at  special  elections  to  fill  vacancies,  8 

Votes,  receiving,  counting,  declaring,  and  returning  to 

city  clerk,  9 

recording  and  publishing,  9 

tie,  proceedings  in  case  of.  7,  8 
of  city  and  common  council,  record  of,  by  whom 

kept,  12 
of  common  council  submitted  to  mayor  for  ap- 
proval, 16 
disapproved  by  mayor,  how  passed,  16,  52 
Voting,  lists,  voters'  names  entered  on  when,  •     58 
mode  of.  illegal,  and  allowing  such,  9,  10 

W- 

Wards,  number  and  boundaries,  -  6,  51,  52 

officers  of  to  be  residents  of,  -  7 

meetings,  voters  at.  7 

presiding  officer,  powers  and  duties,  9,  58 

ballot  boxes,  number,  and  how  provided,  9 

polls  in.  opening  and  closing  of,  -  9 
registry  list  of  electors  in,  how  made,  -  8,  57,  58 

voting  places  in,  and  notice  of,  -  8 

Warrants,  against  negligent  collector,  issued  by  mayor,  13 

arrest  and  trial  without,  when  lawful,  -  33 

assessment,  to  collector,  issued  by  mayor,  23,  42 

distress,  when  mayor  may  issue,  -  19.  24 

for  execution,  when  granted  by  police  court,  16,  29 

jury,  to  sheriff,  how  issued,  28 


INDEX.  139 

Page. 
Warrants,  on  account  of  offenses  within  jurisdiction  -of 

police  court,      -  28 

tax,  for  collector,  mayor  or  alderman  to  sign.  1 3 

for  city  and  common  council  meetings,     -  94 

for  collector  of  rate-bill,    -  109 

Wash  or  dirty  water,  when  a  nuisance,  -  95 

Water,  price  and  distribution  of,  water  commissioners 

to  regulate,  64 
terms   of  supplying   localities   outside   borough 

limits,    -  68 
waste  of,  penalty,  114 
willful  corrupting  of,  in  reservoir,  etc.,  how  pun- 
ished,    -  67 
using  or  introducing,  without  consent  of  commis- 
sioners, 113 
commissioner,  acting,  duties  and  compensation,  -  113 
powers  of  common  council  relative  to  ap- 
pointing, 1 5 
Commissioners,   board  of,  number,  election,  and 

term  of  office,  -  .  -  38,  54,  63 
powers  and  duties,  -  38,  63,  66 
annual  report  of,  -  64 
bonds,  and  compensation  of,  67 
majority,  a  quorum,  64 
vacancies  in,  how  filled,  64 
orders  of,  what  designated  in,  66 
trustees  of  water  bonds,  -  -  66,  69,  71 
for  what  to  draw  orders  on  treasurer,  -  64 
to  pay  over  to  treasurer  all  moneys  re- 
ceived. -  66 
to  repair  and  pay  for  damage  caused  by 

laying  pipes,       -  64 
to  keep  record  of  their  official  proceedings 

and  books  of  account,    -  64 
written  consent  of,  when  required,  113 
fund  bonds,  of  borough,  authority  to  issue,  inter- 
est, and  amount,  65 
second  series,  authority  to  issue,  interest, 

and  amount,  69 

obligatory  on  city,  38 

issue  by  city  authorized,  and  amount,  70 
third  series,  authority  to  issue,   interest, 

and  amount,       -  71 

pipes,  authority  to  extend  to  town  limits,  68 

rents,  collected  by  and  paid  over  to  whom,  64 

avails  of,  how  applied,  66 

deficiency  of,  supplied  by  tax,  66 

excess  of,  how  applied,       -  66 

a  lien,  and  may  be  foreclosed,  66 


140  INDEX. 

Page. 

Water-works,  authority  to  take  lands,  etc.,  for,  63 

water  supply  for,  and  source,        -  63 

powers  of  common  council  relative  to,  14,  38 
cost  and  expense  of,  how  defrayed,  65,  66,  69,  70 
assessment  of  compensation  or  damages 

on  account  of,  how  made,  65 
claims  on  account  of,  water  commissioners 

to  audit,  and  draw  orders  for,    -  64 

injuring  any  portion  of,  how  punished,  67 

Weights,  and  measures,  inspection,  and  sealing,  1 1 1 

unsealed,  penalty  for  using,  112 

Weighers,  public,  powers  of  common  council  relative  to,  15 

Workhouse  and  jails,  arrangements  in  reference  to,       -  32 

persons  conveyed  to,  how,  32 


000  020  768     8 


